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Draft Final
Limited Environmental & Social Impact Assessment
And
Environmental & Social Management Framework
Bangladesh:
Dhaka Environment and Water Project
Volume 1: Main Text
Department of Environment
&
Local Government Engineering Department
May, 2010
i
Table of Contents
1. Introduction ........................................................................................................................................... 1
1.1 Background ................................................................................................................................... 1
1.2 The Report .................................................................................................................................... 2
2. Description of the Project ..................................................................................................................... 3
2.1 Component 1 – Monitoring and Environmental Compliance ....................................................... 3
2.2 Component 2 – Industry Pollution prevention and Demonstration Program ................................ 4
2.3 Component 3 CETP Design, Construction and Operationalization .............................................. 5
2.4 Program management, monitoring and evaluation and stakeholder engagement ......................... 5
3. Relevant Policy and Regulations .......................................................................................................... 7
3.1 Relevant Government Policies, Acts, Rules and Plans ................................................................. 7
3.1.1 Environmental Policy, 1992 and Environmental Action Plan, 1992 ........................................... 7
3.1.2 National Environment Management Plan, 1995 .......................................................................... 8
3.1.3 Bangladesh Environmental Conservation Act (ECA), 1995 ........................................................ 8
3.1.4 Bangladesh Environmental Conservation Rules (ECR), 1997..................................................... 8
3.1.5 Environmental Courts Act, 2000................................................................................................ 11
3.1.6 Implications of Policies and Environmental Clearance Procedure ............................................ 12
3.1.7 National Water Policy, 1999 ...................................................................................................... 13
3.1.8 Industrial Policy, 2005 ............................................................................................................... 13
3.1.9 Bangladesh Labor Act, 2006 ...................................................................................................... 14
3.1.10 Bangladesh National Building Code, 2006 .............................................................................. 15
3.1.11 Acquisition and Requisition of Immovable Property Ordinance, 1982 ................................... 16
3.1.12 Gaps in Acquisition and Requisition of Immovable Property Ordinance, 1982 ...................... 17
3.2 World Bank Policies on Environment and Social Safeguard ...................................................... 18
3.2.1 OP/BP 4.01 Environmental Assessment .................................................................................... 19
3.2.2 OP/BP 4.04 Natural Habitats ..................................................................................................... 20
3.2.3 OP/BP 4.11 Physical Cultural Resources................................................................................... 20
3.2.4 OP/BP 4.12 Involuntary Resettlement ....................................................................................... 21
3.2.5 World Bank‟s Directives Regarding RAP ................................................................................. 24
3.2.6 Comparison between GoB Laws and WB Policies on Land Acquisition and Resettlement ..... 24
3.2.7 The World Bank‟s Disclosure Policy for EA ............................................................................. 27
3.2.8 The World Bank‟s Pollution Prevention and Abatement Handbook 1998 ................................ 27
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3.2.9 The World Bank‟s Pollution Prevention and Abatement Handbook 1998 ................................ 28
3.2.10 Implications of the World Bank Policies on DEW Project ...................................................... 28
4. Alternative Analysis ............................................................................................................................ 30
4.1 Alternative Site Analysis ............................................................................................................ 30
4.2 No Action Alternative ................................................................................................................. 35
4.3 Alternative Analysis- Individual vs. Common Effluent Treatment Plant ................................... 36
4.4 Alternative Pre-treatment Options .............................................................................................. 37
4.5 Alternative Treatment Options .................................................................................................... 39
5. Preliminary Environmental and Social Baseline ................................................................................. 41
5.1 General ........................................................................................................................................ 41
5.2 Physical Environment ................................................................................................................. 42
5.2.1 Topography ................................................................................................................................ 42
5.2.2 Climate ....................................................................................................................................... 42
5.2.3 Land use ..................................................................................................................................... 42
5.2.4 Geology and Geomorphology .................................................................................................... 43
5.2.5 Surface Water Resources ........................................................................................................... 43
5.2.6 Ground Water Resources ........................................................................................................... 43
5.3 Ecological Resources .................................................................................................................. 44
5.3.1 Flora ........................................................................................................................................... 44
5.3.2 Forest and Protected Areas ........................................................................................................ 44
5.3.3 Birds, Wildlife and Wetland Habitats ........................................................................................ 44
5.3.4 Fisheries ..................................................................................................................................... 44
5.4 Social and Cultural Profile .......................................................................................................... 45
5.4.1 Population and Community Characteristics ................................................................................... 45
5.4.2 Socio-Economic Conditions ...................................................................................................... 45
5.4.4 Physical Cultural Resources ...................................................................................................... 45
6. Possible Environmental Impacts ......................................................................................................... 46
6.1 General ........................................................................................................................................ 46
6.2 Site Development Impacts .......................................................................................................... 46
6.2.1 Loss of Natural Habitat and Biodiversity................................................................................... 46
6.2.2 Dust ............................................................................................................................................ 46
6.2.3 Noise .......................................................................................................................................... 47
6.3 Construction Impacts .................................................................................................................. 47
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6.3.1 Construction Material Sourcing ................................................................................................. 47
6.3.2 Transportation of Materials ........................................................................................................ 47
6.3.3 Materials Storage ....................................................................................................................... 48
6.3.4 Construction Waste Disposal ..................................................................................................... 48
6.3.5 Other Waste Management .......................................................................................................... 49
6.3.6 Drainage Congestion .................................................................................................................. 49
6.4 Operation Impacts ....................................................................................................................... 49
6.4.1 Sludge Leachete ......................................................................................................................... 49
6.4.2 Odor ........................................................................................................................................... 50
6.5 Summary of Typical Mitigation Measures ................................................................................. 50
7. Possible Social Impacts ................................................................................................................... 5352
7.1 Resettlement due to Land Acquisition Issues ......................................................................... 5352
7.2 Social Dimensions of project Beyond Safeguards ...................................................................... 53
8. Environment and Social Management Framework ......................................................................... 5453
8.1 Objectives of ESMF ................................................................................................................ 5453
8.2 General principles of ESMF ....................................................................................................... 55
9. Environmental Assessment ............................................................................................................. 5756
9.1 Steps for Environmental Assessment ...................................................................................... 5756
9.2 Environmental Screening and IEE .............................................................................................. 57
9.3 Environmental Impact Assessment ......................................................................................... 5857
9.4 Environmental Management Plan ............................................................................................... 58
9.5 Environmental Assessment in DEW Project............................................................................... 60
9.6 Review of Environmental Assessment and Monitoring in DEW Project ................................... 62
10. Social Assessment and Resettlement Policy Framework ............................................................ 6564
10.1 General ........................................................................................................................................ 65
10.2 National Policy and Regulatory Framework ............................................................................... 65
10.3 World Bank‟s OP 4.12 Requirements ..................................................................................... 6766
10.4 Objectives of the Resettlement Policy Framework (RFP) .......................................................... 68
10.5 Survey and Documentation ......................................................................................................... 80
10.5 Public Consultation and Participation ......................................................................................... 82
10.7 Grievance Redress Mechanism ................................................................................................... 83
10.8 Supervision and Monitoring........................................................................................................ 84
10.9 Arrangement for Land Acquisition ............................................................................................. 84
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11. Institutional Arrangement for Environmental and Social Management of DEW ........................... 88
11.1 Environmental Capacity Assessment and Staffing Needs .......................................................... 88
11.2 Social Safeguard- Capacity Building and Staffing Needs .......................................................... 89
11.3 The Project Management ............................................................................................................ 89
11.4 Community Participation ............................................................................................................ 90
11.5 Funds for Environmental and Social Assessment, Implementation and Monitoring .................. 91
12. Consultations and Disclosure .......................................................................................................... 92
12.1 Consultations and Disclosure ...................................................................................................... 92
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Abbreviations
AP Affected Person
ARIPO Acquisition/ Requisition of Immovable Property Ordinance
BNBC Bangladesh National Building Code
BP Bank Procedure
CCL Cash and Compensation under a Law
CERP Coastal Embankment Rehabilitation Project
CETP Common Effluent Treatment Plant
DBO Design, Build and Operate
DCC Dhaka City Corporation
DEW Dhaka Environment and Water
DOE Department of Environment
DWASA Dhaka Water and Sewerage Authority
EA Environmental Assessment
ECA Environmental Conservation Act
ECC Environmental Clearance Certificates
ECR Environmental Conservation Rules
ED Executive Director
EIA Environmental Impact Assessment
EMP Environmental Management Plan
ESA Environmental & Social Assessment
ESMF Environment & Social Management Framework
ETP Effluent Treatment Plant
GOB Government of Bangladesh
GDP Gross Domestic Product
GPP Guidelines for People's Participation
IEE Initial Environmental Examination
LGED Local Government Engineering Department
LMU Learning and Monitoring Unit
LGI Local Government Institutions
MOEF Ministry of Environment and Forest
NEMAP National Environment Management Action Plan
NOC No-objection-certificate
NWMP National Water Management Plan
OP Operational Policy
PAP Project Affected People
PCC Pollution Control Cell
PPP Public Private Partnership
RAP Resettlement Action Plan
RRMP Rural Road Maintenance Project
USD US Dollar
WDF Washing, Dyeing and Finishing (Textile) sector
1
1. Introduction
1.1 Background
1. Greater Dhaka1 currently represents more than 40 percent of Bangladesh‟s national GDP
and its population is growing annually at around 9 percent. Dhaka‟s population of 12 million
people is projected to nearly double by the year 2025. Dhaka is surrounded by rivers and inter-
connected with canals which have always formed a life-line for city residents. In last twenty
years, a convergence of unregulated industrial expansion, rural-to-city migration, encroachment
of the rivers, overloaded infrastructure, confusion about the institutional responsibility for the
quality of Dhaka‟s water bodies, and weak enforcement of environmental regulations have all
taken their toll on surface water quality. There is only one sewage treatment plant at Pagla which
is currently operating below capacity because of sewerage system failures, and few industries
operate Effluent Treatment Plants. Almost all the waste from humans, industry, and millions of
farm animals, along with tons of pesticides and fertilizers, make their way into Dhaka‟s surface
water untreated, and a percentage of these wastes infiltrate the groundwater. As a result,
pollutant levels in the groundwater are increasing, and many sections of the rivers and canals in
the city and surrounding areas, especially the Buriganga and Sitalakhya, are biologically dead
during the dry season, spurring widespread public concern and promoting reaction at the highest
political levels.
2. Given the institutional and governance constraints in Bangladesh, effectively tackling
industrial pollution in the Dhaka watershed requires a pragmatic approach, which offers a
combination of rewards and penalties that will encourage industries to adopt pollution prevention
and abatement practices. Waste water pre-treatment and optimization initiatives are an important
first step and significant investments in pollution abatement infrastructure are required.
3. The proposed project is designed to demonstrate (i) the business and environmental
advantages of cleaner production and (ii) a financially and technically sustainable model of
central effluent treatment facilities in the greater Dhaka watershed. It will help to develop further
capacity of the Department of Environment (DOE) in monitoring and enforcing pollution
control. The project will have four components: i) Monitoring and Environmental Compliance;
ii) Industry Pollution Prevention and Abatement Demonstration Program; iii) CETP Design,
Construction and Operationalization; and iv) Program Management, Monitoring and Evaluation
and Stakeholder Engagement.
4. In order to enhance project design, maximize flexibility and maintain clear incentives, a
programmatic approach will be followed in the project in two distinct phases over 6 years.
The first phase will focus on setting the right incentives and institutional framework,
through better monitoring and environmental compliance and pollution prevention
demonstration programs. The on-going experience from the implementation of this first
phase will be carefully monitored through a structured learning program in order to better
design the demonstration CETP. 1 Comprising the areas administrated by Dhaka City Corporation (DCC), Dhaka District, Gazipur District, and
Narayanganj District
2
The second phase, which involves the detailed design, construction and
operationalization of the CETP, would only be initiated once key readiness criteria have
been achieved (in Year 2-3). The phasing of investments will be built into the project
design by attaching disbursement conditions for the financing of the CETPs. In order to
ensure the project objectives are achieved, a tight governance decision-tree will be put in
place from the start, to inform and guide the government‟s project team – and insulate
them from demands which do not meet the project objectives/basic
assumptions/parameters.
5. The project will also be structured in a way to ensure, if the implementation of the
demonstration CETP is successful, it can be readily scaled up through additional financing.
Project activities will initially focus on three of the nine major Dhaka watershed pollution hot-
spots – located in Narayanganj and Gazipur Pourashavas. These clusters typically have over 75
percent of industries in the garment, washing and dyeing sectors, which increases cluster
homogeneity and responsiveness to global supply chain incentives.
1.2 The Report 6. Projects and programs financed with IDA resources need to comply with the World Bank
Operational Policies. Therefore, the project components eligible for funding under Dhaka
Environment and Water (DEW) will be required to satisfy the World Bank's safeguard policies,
in addition to conformity with environmental legislation of the Government of Bangladesh
(GOB). The Limited Environmental & Social Assessment (ESA) and Environment & Social
Management Framework (ESMF) have been prepared by the Department of Environment (DOE)
and Local Government Engineering Department (LGED), the implementing agencies for the
Dhaka Environment and Water (DEW) Project. Since the design and exact locations of the
cleaner productions and CETPs are not finalized at this stage and only will be available at the
end of the phase 1, the full scale environmental and social impact assessment cannot be carried
out during the main project preparation. The full scale environmental assessment for each CETP
will be carried during the design phase of the CETP. At this stage, the Limited ESA covers an
overall assessment of the potential sites of CETPs. The environmental screening/assessment for
cleaner production will be carried out after the environmental auditing of individual factories
under Component 2. ESMF provides the guidelines and procedures to be integrated in design and
implementation of sub-projects. The report has been prepared in accordance with the requirements of
the World Bank. The report also covers the requirements of the Government of the Bangladesh.
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2. Description of the Project
2.1 Component 1 – Monitoring and Environmental Compliance
7. This component will be implemented by the Department of Environment to strengthening
its capacity for better monitoring of industrial pollution and to enforce the environmental
legislation towards reducing environmental pollution in Greater Dhaka. The estimated
component budget is USD 4.6 million. This component has four sub-components.
8. Sub-component 1.1 Establishment of a Pollution Control Cell (PCC). This sub-
component will help the DOE (i) establish a PCC that will be in charge of monitoring industrial
pollution and enforcing pollution control regulations, including the designation of DOE staff to
join PCC and the provision of dedicated office space and facilities; (ii) the development of clear
implementation guidelines for the management and enforcement of effluent emissions which
offer a more flexible mix of sanctions-based, compliance-based and market-based approaches for
tackling both point and non-point sources of pollution; (iii) extensive PCC staff training
program; and (iv) development of policy guidelines for the operation of CETPs.
9. Sub-component 1.2 Establishment of an integrated environmental management
information system. Comprehensive, accurate, just-in-time and relevant information is the bed-
rock of any effective environmental compliance system. This component will help (i)
establishment of a water quality monitoring network, to be piloted in the project area (ii)
establishment of a system for the collection, analysis and dissemination of a range of data from
different sources, and (iii) identify streamlining options for the site-clearance process. Together,
this will ensure the establishment of an integrated environmental management system which
provides relevant information to both government agencies and the public. The database will be
housed within the PCC.
10. Sub-component 1.3 Supporting DOE partnerships for Third-Party Monitoring. DOE is
keen to work more closely with other partners and stakeholders. This sub-component will pilot
innovative partnership models for better environmental monitoring, by promoting greater
awareness from local communities, civil society industries and local government institutions, and
encourage greater participation in joint-monitoring. Its particular emphasis will be to target a
range of constituencies within and around the selected three industrial clusters through (i) local
stakeholder awareness campaign; (ii) organization of community groups through local civic
organizations to conduct basic water quality monitoring; (iii) supporting voluntary industry
benchmarking; (iv) a communications and awareness program targeted at Local Government
Institutions (LGIs), particularly their role in site-clearance processes.
11. Sub-component 1.4 Sludge management. The wastewater treatment process produces
sludge, which can sometimes also be toxic and hazardous. Drawing on lessons learnt from
hazardous hospital waste management, this sub-component will help DOE design a framework
for sludge management.
4
2.2 Component 2 – Industry Pollution prevention and Demonstration Program
12. This demonstration program will be implemented by the Local Government Engineering
Department (LGED) and will target mostly textile factories in the Washing, Dyeing and
Finishing (WDF) sector, located in 3 industrial pollution hotspots. Approximately 70 factories in
each of the clusters (200 in all) are expected to participate in the program. The objective of this
component is to mobilize factories within a given cluster, raise their awareness of, and demand
for, pollution prevention and abatement measures. A consulting firm will support the LGED with
the roll-out of this comprehensive program: including information gathering, the establishment
of industry cluster associations, cleaner production and pre-treatment measures. The estimated
budget of the component is USD 20.6 million and the component has 4 subcomponents.
13. Sub-component 2.1 – Cluster consultation, mobilization and information gathering.
The success of this component first depends on building, in the three designated industrial
clusters, factory awareness and demand for the proposed services. This communications strategy
will need to bring together a range of key stakeholders including DOE, LGIs, business
associations, local civil society and local residents. Since these informal industrial clusters lack a
coherent institutional structure/representation, technical assistance will be provided to support
the creation of a cluster level industry association – to ensure industries are represented in the
Special Purpose Association which will oversee the design, construction and operation of the
CETP. The industry demonstration program will also provide an on-going opportunity to gather
basic information on the cluster factories including (i) geo-referencing the location of each
factory, size, sector and wastewater characteristics; (ii) mapping the supply chain linkages for
each factory; (iii) willingness to pay for pollution abatement. This sub-component will also
ensure careful monitoring of all activity progress, to ensure learning by doing, and allow the
program to be adapted, as necessary.
14. Sub-component 2.2 – Cleaner Production Program. Factory environmental assessments
will be provided to industries located in the designated industrial clusters. These factory audits
will highlight areas for cleaner production options throughout the factory‟s production line.
Considerable savings (up to 40%) can be made in the quantity of energy, water and chemicals
needed – which simultaneously reduce operational and pollution abatement costs.
15. Technical support will then be provided through matching grants to industries to make
these low cost changes. Early adopters (typically consisting of some of the larger, more
progressive factories) will act as demonstrators. Achievements by the earlier group will be
communicated through a variety of means to their factory peers. A voluntary benchmarking
system will be established to enable industries to compare their performance relative to their
peers. The process improvement technologies under consideration for textile industries for this
project is briefly explained in Annex-A.
16. Sub-component 2.3 – Pre-treatment and flow metering program. This component will
provide all participating factories with basic pre-treatment and wastewater flow measuring
devices. These wastewater flow meters will help track achievements in wastewater reduction
through the implementation of cleaner production processes. Reductions in wastewater volumes
5
will be an important indicator of factory uptake of cleaner production initiatives. Lower
wastewater volumes will also decrease the CETP tariff charges for individual factories.
Additional pre-treatment may also be provided to small and medium industries where their
wastewater characteristics (e.g. presence of certain chemicals) require more extensive pre-
treatment prior to treatment in a CETP.
17. Sub-component 2.4 – TA to support CETP DBO preparation. Technical assistance will
be provided to (i) finalize the preliminary designs and financial models for the DBO contract; (ii)
help set up a Special Purpose Association to oversee the contracting and management of private
CETP operator, and (iii) oversee the contracting of the DBO process.
2.3 Component 3 CETP Design, Construction and Operationalization
18. This component will be implemented by the Local Government Engineering Department
(LGED) and will facilitate the design, construction and operation of a demonstration CETPs in
the best performing industrial sub-cluster (based on the relative success of the pollution
prevention and abatement program under component 2). The budget allocated for this component
is USD 40 million.
19. The construction of the CETP will use a „Design, Build and Operate‟ turn-key
arrangement based on a single procurement package. Project funds will be used to finance the
CETP capital costs while industries will be responsible for operation and maintenance (and
depreciation of capital). The private operator will be responsible for operating the treatment
plant and collecting tariffs.
20. CETP works will include the construction of a transport industrial wastewater collection
network, lift stations to deliver industrial wastewater to treatment plants, a CETP, a treated
CETP outfall and a sludge treatment and disposal facility. The sizing and alignment of the
transport system will be site specific within each of the set of identified industries to be included
within each CETP system.
2.4 Program management, monitoring and evaluation and stakeholder engagement
21. This component will support the implementation and coordination of the overall DEW
program project and the activities of the Learning and Monitoring Unit (LMU), including the
establishment of a MoEF project data-base, training and study tours for the wider project
stakeholders. The estimated cost for this component is USD 4.8 million.
22. The cleaner production program, pre-treatment activities, design and implementation of
CETP can be represented by the flow-diagram shown in Figure – 1.
6
III CETP Project Implementation Activities
II-CETP System Engineering
Activities
I-Individual Plant CP Activities
Plant Water Conservation- technology, reuse, and recycle
Cleaner Production Process upgrade and modification
Estimate of Discharge Volume/Characterization Of Each Plants’ Effluent Quality/Flow monitoring
Estimated Design Flows and Loads for Each Plant
Consideration of Domestic Wastewater flows / Quality y
Identification of those industries and possible municipal areas to be incorporated into CETP systems
Effluent Discharge Requirements Initial Site Surveys
Sustainable CETP and Transport Technology Selection
Unit Land, Chemical Energy ,and Human Resource CETP Requirements
Basis for Design of Selected CETP Systems- Estimate of Cost
Collection and treatment-aggregate flows and contaminant loads
CETP Sites Selected and routes and type of transport systems selected
Design of CETP and Transport System
Estimated Cost of In-plant CP Investments
Individual CETP capital Cost of Transport and Treatment Operation and Maintenance Cost of Transport and Treatment (including solids disposal)
P2 Audits of 200 or so textile facilities industries
Figure – 1: Flow Diagram of Project Interventions for Cleaner Production and CETP
7
3. Relevant Policy and Regulations
3.1 Relevant Government Policies, Acts, Rules and Plans 23. The importance of environmental consideration, occupational health & safety and land
acquisition related to construction projects has been recognized in a number of national
documents. The major relevant policies, acts, rules and plans are:
Environment Environment Policy, 1992 and Environment Action Plan, 1992
National Environment Management Plan, 1995
Environmental Conservation Act (ECA), 1995
Environmental Conservation Rules (ECR), 1997
Environmental Courts Act, 2000
Water Resources National Water Policy, 2000
National Water Management Plan, 2001
Industry, Occupational Health & Safety and Construction
Industrial Policy, 2005
The Bangladesh Labor Act, 2006
Bangladesh National Building Code (1993, 2006)
Land Acquisition/Requisition
Acquisition/ Requisition of Immovable Property Ordinance (ARIPO, 1982)
3.1.1 Environmental Policy, 1992 and Environmental Action Plan, 1992
24. The concept of environmental protection through national efforts was first recognized
and declared with the adoption of the Environment Policy, 1992 and the Environment Action
Plan, 1992. The importance of policies in beefing up the environmental regime is recognized in a
number of international instruments including the World Conservation Strategy in 1980 and the
Brundtland Commission Report, 1987. Paragraph 14 of Chapter 8 of Agenda 21 underscored the
necessity of formulation of national policies as well as laws for environmental protection and
sustainable development. The major objectives of Environmental policy are to i) maintain
ecological balance and overall development through protection and improvement of the
environment; ii) protect the country against natural disaster; iii) identify and regulate activities,
which pollute and degrade the environment; iv) ensure environmentally sound development in all
sectors; v) ensure a sustainable, long term and environmentally sound base of natural resources;
and vi) actively remain associate with all international environmental initiatives to the maximum
possible extent.
8
3.1.2 National Environment Management Plan, 1995
25. The National Environment Management Action Plan (NEMAP, 1995), based on a
nationwide consultation program identified the main national environmental issues, including
those related to the water sector which EA practitioners should note. The main related national
concerns included flood damage, riverbank erosion, environmental degradation of water bodies,
increased water pollution, shortage of irrigation water and drainage congestion; various specific
regional concerns were also identified.
3.1.3 Bangladesh Environmental Conservation Act (ECA), 1995
26. The Environmental Conservation Act (ECA) of 1995 is the main legislative framework
document relating to environmental protection in Bangladesh. This umbrella Act includes laws
for conservation of the environment, improvement of environmental standards, and control and
mitigation of environmental pollution. This Act established the Department of Environment
(DOE), and empowers its Director General to take measures as he considers necessary which
includes conducting inquiries, preventing probable accidents, advising the Government,
coordinating with other authorities or agencies, and collecting & publishing information about
environmental pollution.
27. According to this act (Section 12), no industrial unit or project shall be established or
undertaken without obtaining, in a manner prescribed by the accompanying Rules, an
Environmental Clearance Certificate (ECC) from the Director General of DOE.
28. In addition, through a gazette notification date September 1, 2009, the High Court
declared the 4 rivers surrounding Dhaka, namely Buriganga, Turag, Balu and Shitolakhkhya, as
Ecologically Critical Areas, citing the ECA 1995, Section 5. Subsequently pollution creating
activities that are detrimental to the water and aquatic life in those rivers has been declared
forbidden.
3.1.4 Bangladesh Environmental Conservation Rules (ECR), 1997
29. The Environment Conservation Rules, 1997 were issued by the Government of
Bangladesh in exercise of the power conferred under the Environment Conservation Act (Section
20), 1995. Under these Rules, the following aspects, among others, are covered:
(i) Declaration of ecologically critical areas
(ii) Classification of industries and projects into 4 categories
(iii)Procedures for issuing the Environmental Clearance Certificate
(iv) Determination of environmental standards
30. These Rules were amended three times (17 February 2002, 26 August 2002 and 01 April
2003) to specify different sections like inclusion of Certificate of Fitness, Pollution Under
Control Certificate, Fees for Environmental Clearance Certificate and other services etc.
9
31. ECR'97 (Rule 7) classifies industrial units and projects into four categories depending on
environmental impact and location for the purpose of issuance of ECC. These categories are:
Green
Orange A
Orange B, and
Red
32. All existing industrial units and projects and proposed industrial units and projects, that
are considered to be low polluting are categorized under "Green" and shall be granted
Environmental Clearance. For proposed industrial units and projects falling in the Orange- A,
Orange- B and Red Categories, firstly a site clearance certificate and thereafter an environmental
clearance certificate will be issued. A detailed description of those four categories of industries
has been given in Schedule-1 of ECR'97. Apart from the general requirements, for every Orange-
B and Red category proposed industrial unit or project, the application must be accompanied
with feasibility report on Initial Environmental Examination (IEE), Environmental Impact
Assessment (EIA) based on approved TOR by DOE, Environmental Management Plan (EMP)
etc.
33. The ECR'97 also contains the procedures for obtaining Environmental Clearance
Certificates (ECC) from the Department of Environment for different types of proposed units or
projects. Any person or organization wishing to establish an industrial unit or project must obtain
ECC from the Director General. The application for such certificate must be in the prescribed
form together with the prescribed fees laid down in Schedule 13, through the deposit of a
Treasury Chalan (Pay Order) in favor of the Director General. Rule 8 prescribes the duration of
validity of such certificate (3 years for green category and 1 year for other categories) and
compulsory requirement renewal of certificate at least 30 days before expiry of its validity.
34. The ECR‟97 also establishes the National Environmental Quality (EQS) for ambient air,
various water sources/ bodies, industrial effluents, etc. Table -1 shows Industrial Project Effluent
standard for Bangladesh.
10
Table- 1: Bangladesh Standards for Industrial Project Effluent according to EQSB of DOE
Sl.
No. Parameters Unit
Discharge To
Inland
Surface
Water
Public Sewer
from
Secondary
Treatment
Plant
Irrigable
Land
1 Ammonia cal nitrogen (as
elementary N)
mg/l 50 75 75
2 Ammonia (as free ammonia) mg/l 5 5 15
3 Arsenic (as As) mg/l 0.2 0.05 0.2
4 BOD5 at 20oC mg/l 50 250 100
5 Boron mg/l 2 2 2
6 Cadmium (as Cd) mg/l 0.05 0.5 0.5
7 Chloride mg/l 600 600 600
8 Chromium (as total Cr) mg/l 0.5 1.0 1.0
9 COD mg/l 200 400 400
10 Chromium (as hexavalent Cr) mg/l 0.5 1.0 1.0
11 Copper (as Cu) mg/l 0.5 3.0 3.0
12 Dissolved oxygen (DO) mg/l 4.5-8 4.5-8 4.5-8
13 Electro-conductivity (EC) µmhoms/cm 1200 1200 1200
14 Total dissolved solids mg/l 2100 2100 2100
15 Flouride (as F) mg/l 2 15 10
16 Sulfide (as S) mg/l 1 2 2
17 Iron (as Fe) mg/l 2 2 2
18 Total kjeldahl nitrogen (as N) mg/l 100 100 100
19 Lead (as Pb) mg/l 0.1 1 0.1
20 Manganese (as Mn) mg/l 5 5 5
21 Mercury (as Hg) mg/l 0.01 0.01 0.01
22 Nickel (as Ni) mg/l 1.0 2.0 1.0
23 Nitrate (as elementary N) mg/l 10.0 Not yet set 10
24 Oil and grease mg/l 10 20 10
25 Phenolic compounds (as
C6H5OH)
mg/l 1.0 5 1
26 Dissolved phosphorus (as P) mg/l 8 8 15
27 Radioactive substance (to be specified by Bangladesh Atomic
Energy Commission)
28 pH 6-9 6-9 6-9
29 Selenium (as Se) mg/l 0.05 0.05 0.05
30 Zinc (as Zn) Mg/l 5 10 10
31 Total dissolved solids Mg/l 2100 2100 2100
32 Temperature oC (summer)
oC (winter)
40
45
40
45
40
45
33 Suspended solids Mg/l 150 500 200
34 Cyanide (As Cn) Mg/l 0.1 2.0 0.2
11
Source : Schedule –10, Rule-13, Environment Conservation Rules, 1997 (Page 3132 - 3134 of
the Bangladesh Gazette of 28 August 1997) (Own authentic translation from original
Bengali).
Note : - These standards will be applicable for all industries other than those which are
specified under ‘industrial sector specific standards’.
- These standards will have to be complied with from the moment of trial production
in the case of industries and from the very beginning in the case of projects.
- These standards will have to be met at any point of time and at any sampling. In case
of need for ambient environment condition, these standards may be made more
stringent.
- Inland surface water will include drains, ponds, tanks, water bodies, ditches, canals,
rivers, streams and estuaries.
- Public sewer means leading to full fledged joint treatment facility comprising
primary and secondary treatment.
- Land for irrigation means organized irrigation of selected crops on adequate land
determined on the basis of quantum and characteristics of waste water.
- If any discharge is made into public sewer or on land which does not meet the
respective definitions in notes 5 and 6 above, then the inland surface water
standards will apply.
3.1.5 Environmental Courts Act, 2000
35. The Environment Court Act, 2000 has been enacted in order to establish environmental
courts in each administrative division of Bangladesh. Under this Act, the court has concurrent
jurisdiction i.e. to try both civil and criminal cases. The basis for instituting a case is a violation
of the “environmental law”, meaning the Bangladesh Environment Conservation Act, 1995
(ECA) and Rules made thereunder. In particular the environment court is empowered to:
i) Impose penalties for violating court orders;
ii) Confiscate any article, equipment and transport used for the commission of the
offence2;
iii) Pass any order or decree for compensation;
iv) Issue directions to the offender or any person (a) not to repeat or continue the offence;
(b) to take preventive or remedial measures with relation to any injury, specifying the
time limit and reporting to the DOE regarding the implementation of the directions.
2 The due diligence conducted so far has not indicated the existence retroactive liability law for factories. In that
respect, the World Bank cannot be held responsible for actions undertaken prior to the implementation of the
project, and provisions to ensure this will be included in the project‟s legal agreements. In order to substantiate such
a position, a baseline survey will be conducted at the inception of the project will provide a detailed record of all
factories and workers in each of the clusters retained for the DEW project, to avoid any possible claims that changes
or issues be attributed to project.
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36. Under this Act the Director General of the DOE has the power to impose heavy penalties
to industrial polluters who are dumping untreated wastewater into the environment or not
operating their legally mandated ETPs.
3.1.6 Implications of Policies and Environmental Clearance Procedure
37. Legislative bases for EIA in Bangladesh are the Environmental Conservation Act 1995
(ECA'95) and the Environmental Conservation Rules 1997 (ECR'97). Department of
Environment (DOE), under the Ministry of Environment and Forest (MOEF), is the regulatory
body responsible for enforcing the ECA'95 and ECR'97. According to the ECR‟97,
construction/reconstruction/expansion of CETPs is classified as a “Red‟ category project. Please
note that works such as laying of a network of pipes etc. that transport the effluents to the CETP
will fall under CETP project and will also be Red Category. All major structures will require
environmental impact assessments and DOE clearance.
38. It is the responsibility of the proponent to conduct an EIA of the development proposal.
The responsibility to review EIAs for the purpose of issuing Environmental Clearance Certificate
(ECC) rests on DOE. The procedures for “Red” Category include submission of:
An Initial Environmental Examination (IEE)
An Environmental Impact Assessment (EIA)
An Environmental Management Plan (EMP)
39. Environment clearance has to be obtained by the respective implementing agency or
project proponent (private sector) from Department of Environment (DOE). The environmental
clearance procedure for Red Category projects can be summarized as follows:
Application to DOE Obtaining Site Clearance Applying for Environmental
Clearance Obtaining Environmental Clearance Clearance Subject to annual renewal
Detailed steps for getting an Environmental Clearance Certificate:
40. The following are the steps need to be followed in getting an environmental clearance
certificate from the Department of Environment (DOE).
(a) Feasibility Study Report of the Project (applicable only for proposed industries or
projects);
(b) Initial Environmental Examination (IEE) Report together with the terms of reference
of the Environmental Impact Assessment (EIA) and the process-flow diagram of the
project, or, the Environmental Impact Assessment (EIA) Report prepared on the basis
of terms of reference approved earlier by the Department of Environment, layout plan
(indicating the site for the effluent treatment plant), design and time-schedule to
construct the effluent treatment plant and the process-flow diagram;
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(c) Environment Management Plan (EMP) together with process-flow diagram, layout
plan (indicating location of effluent treatment plant), design and efficiency of the
effluent treatment plant;
(d) No-objection-certificate (NOC) from the local authority;
(e) Contingency plan with respect of adverse environmental impacts together with a plan
to reduce pollution load;
(f) Outlines of relocation, rehabilitation plan (where applicable); and
(g) Other relevant information.
3.1.7 National Water Policy, 1999
41. The National Water Policy was promulgated in 1999 with the intention of guiding both
future public and private actions to ensure the optimal development and management of water
that benefits both individuals and the society at large. The policy aims to ensure progress towards
fulfilling the national goals of economic development, poverty alleviation, food security, public
health and safety, decent standard of living for the people and protection of natural environment.
According to the policy, all agencies and departments entrusted with water resource
management responsibilities (regulation, planning, construction, operation, and maintenance)
will have to enhance environmental amenities and ensure that environmental resources are
protected and restored in executing their tasks. Environmental needs and objectives will be
treated equally with the resources management needs.
42. The policy has several clauses related to the protection of the natural environment. Some
of the relevant clauses are:
Clause 4.5b: Planning and feasibility studies of all projects will follow the Guidelines for
Project Assessment, the Guidelines for People's Participation (GPP), the Guidelines for
Environmental Impact Assessment, and all other instructions that may be issued from
time to time by the Government.
Clause 4.9b: Measures will be taken to minimize disruption to the natural aquatic
environment in streams and water channels.
Clause 4.12a: Give full consideration to environmental protection, restoration and
enhancement measures consistent with National Environmental Management Action Plan
(NEMAP) and the National Water Management Plan (NWMP).
Clause 4.12b: Adhere to a formal environmental impact assessment (EIA) process, as set
out in EIA guidelines and manuals for water sector projects, in each water resources
development project or rehabilitation program of size and scope specified by the
Government from time to time.
3.1.8 Industrial Policy, 2005
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43. Several sections of the policy highlight the importance of environmental issues in
industrial development.
Section 2.11: Provide all necessary assistance for producing environment-friendly
product with the objective for creating a pollution-free environment in the industrial
sector.
Section 3.24: Arrange for incentives to be given for research and development,
acceptance and transfer of environmentally friendly appropriate technology. At the same
time, develop market-oriented institutional structure in overall technological
development.
Section 17.1: One of the foremost objectives of the Industrial Policy 2005 is to help
attain competitive efficiency by developing technology, reducing consumers‟ costs by
using cost-effective technology, and assisting in the development of an environmentally
friendly industrial production system.
Section 18.6: Environmental pollution control: The Environmental Protection Act 1995
and other relevant legislations are gradually implemented to control environmental
pollution. Those industries that pollute the environment and endanger public health must
ensure safety measures in respect of environmental pollution control. Industrial
enterprises will be encouraged to obtain ISO-14000 certificates.
3.1.9 Bangladesh Labor Act, 2006
44. The Bangladesh Labor Act, 2006 provides the guidance of employers‟ extent of
responsibility and workmen‟s extent of right to get compensation in case of injury by accident
while working. Some of the relevant Sections are:
Section 150. Employer’s Liability for Compensation: (1) If personal injury is caused to a
workman by accident arising out of and in the course of his employment, his employer
shall be liable to pay compensation in accordance with the provisions of this Act; and (2)
Provided that the employer shall not be so liable - (a) in respect of any injury which does
not result in the total or partial disablement of the workman for a period exceeding three
days; (b) in respect of any injury, not resulting in death or permanent total disablement,
caused by an accident which is directly attributable to - (i) the workman having been at
the time thereof under the influence of drink or drugs, or (ii) the willful disobedience of
the workman to an order expressly given, or to a rule expressly framed, for the purpose of
securing the safety of workmen, or (iii) the willful removal or disregard by the workman
of any safety guard or other device which he knew to have been provided for the purpose
of securing the safety of workmen.
Section 151. (1) Amount of Compensation: Subject to the provisions of this Act, the
amount of compensation shall be as follows, namely :- (a) where death results an amount
equal to fifty from the injury cent of the monthly wages of the deceased workman
multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is
more; (b) where permanent total an amount equal to disablement results from sixty the
injury per cent of the monthly wages of the injured workman multiplied by the relevant
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factor, or an amount of sixty thousand rupees, whichever is more; and (2) On the ceasing
of the disablement before the date on which any half-monthly payment falls due, there
shall be payable in respect of that half-month a sum proportionate to the duration of the
disablement in that half-month.
3.1.10 Bangladesh National Building Code, 2006
45. Part-7, Chapter -1 of the Bangladesh National Building Code (BNBC) clearly sets out the
constructional responsibilities according to which the relevant authority of a particular
construction site shall adopt some precautionary measures to ensure the safety of the workmen.
According to section 1.2.1 of chapter 1 of part 7, “In a construction or demolition work, the
terms of contract between the owner and the contractor and between a consultant and the owner
shall be clearly defined and put in writing. These however will not absolve the owner from any
of his responsibilities under the various provisions of this Code and other applicable regulations
and bye-laws. The terms of contract between the owner and the contractor will determine the
responsibilities and liabilities of either party in the concerned matters, within the provisions of
the relevant Acts and Codes (e.g.) the Employers' Liability Act, 1938, the Factories Act 1965,
the Fatal Accident Act, 1955 and Workmen's Compensation Act 1923”. (After the introduction
of the Bangladesh Labor Act, 2006, these Acts have been repealed).
46. Section 1.4.1 of chapter-1, part-7 of the BNBC, states the general duties of the employer
to the public as well as workers. According to this section, “All equipments and safeguards
required for the construction work such as temporary stair, ladder, ramp, scaffold, hoist, run way,
barricade, chute, lift etc shall be substantially constructed and erected so as not to create any
unsafe situation for the workmen using them or the workmen and general public passing under,
on or near them”.
47. Part-7, Chapter-3 of the Code has clarified the issue of safety of workmen during
construction and with relation to this, set out the details about the different safety tools of
specified standard. In relation with the health hazards of the workers during construction, this
chapter describes the nature of the different health hazards that normally occur in the site during
construction and at the same time specifies the specific measures to be taken to prevent such
health hazards. According to this chapter, exhaust ventilation, use of protective devices, medical
checkups etc. are the measures to be taken by the particular employer to ensure a healthy
workplace for the workers.
48. To prevent workers falling from heights, the Code in section 3.7.1 to 3.7.6 of chapter 3
of part 7 sets out the detailed requirements on the formation and use of scaffolding. According to
section 3.9.2 of the same chapter, “every temporary floor openings shall either have railing of at
least 900 mm height or shall be constantly attended. Every floor hole shall be guarded by either a
railing with toe board or a hinged cover. Alternatively, the hole may be constantly attended or
protected by a removable railing. Every stairway floor opening shall be guarded by railing at
least 900 mm high on the exposed sides except at entrance to stairway. Every ladder way floor
opening or platform shall be guarded by a guard railing with toe board except at entrance to
opening. Every open sided floor or platform 1.2 meters or more above adjacent ground level
shall be guarded by a railing on all open sides except where there is entrance to ramp, stairway or
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fixed ladder….. the above precautions shall also be taken near the open edges of floors and
roofs”.
49. The major challenge is the proper implementation of the Code as section 2.1 of chapter 2
of part 1 duly states that, “The Government shall establish a new or designate an existing agency
responsible for the enforcement of this Code with a given area of jurisdiction. For the purpose of
administering and enforcing the provisions of the Code, the enforcing agency shall have the
authority of the Government and shall herein be referred to as the Authority.”
50. Part 9, 1.2.1 states that if the land is changed and the occupants of the area are against the
change, no change in use of an existing building will be allowed.
51. Section 1.2.3 of Part-9 also states that in case of partial changing of a building, fire
resistance should be ensured and all provisions with greater public safety should be applied to
the entire building structure.
52. Section 1.2.4 of Part 9 clearly states “Additions to existing building shall comply with all
of the requirements of the BNBC for new constructions. The combined height and area of the
existing building and the new addition shall not exceed the height and open space requirements
for new building specified in Part 3 of the Code. Where a fire wall that complies with Table 3.3.1
of Part 3 is provided between the addition and the existing building, the addition shall be
considered as a separate building.”
3.1.11 Acquisition and Requisition of Immovable Property Ordinance, 1982
53. Currently the only legal framework that governs land acquisition in Bangladesh is the
Acquisition and Requisition of Immovable Property Ordinance, 1982. The Acquisition of
Immovable Property Rules, 1982 (No. S. R. O. 172-U82) are made for the exercise of the powers
conferred upon by Section 46 of the Acquisition and Requisition of Immovable Property
Ordinance, 1982 (Ordinance. No. II of 1982). The rules spell out the procedural details required
for the acquisition of immovable properties in the following sub-heads:
a) Proceedings for acquisition
b) Notices under sections 3, 6, and 7
c) Declaration of acquisition and possession
d) Declaration of abatement and revocation of proceedings Transfer of acquired land
f) Assessment of compensation, and
g) Unutilized acquired property
54. In other words, when the pre-requisites are fulfilled, the step-wise activity of land
acquisition process that has to be followed is given below:
▪ Submission of land acquisition proposal by the requiring body to the Deputy
Commissioner.
▪ Holding District Land Acquisition meeting and providing land allocation.
▪ Serving Notice under Section 3 to the affected persons.
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▪ Joint verification of the acquired property
▪ Final approval of land to be acquired by the Deputy Commissioner (for area of
land 50 big has or less) or the Land Ministry (for area of land over 50 big has) on
the basis of land area requirement.
▪ Serving notice under Section 6 to settle any dispute
▪ Estimation of jointly verified property for cost compensation and informing
requiring body.
▪ Acceptance of estimate of cost compensation and placement of fund to the Deputy
Commissioner by the requiring body.
▪ Serving Notice under Section 7 by the Deputy Commissioner to the affected land
owners for disbursement of compensation.
▪ Disbursement of compensation as per estimate to the affected persons.
▪ Giving possession of land to the requiring body.
▪ CCL payment by the Deputy Commissioner.
3.1.12 Gaps in Acquisition and Requisition of Immovable Property Ordinance, 1982
55. The provisions in acquisition and requisition of Immovable Property Ordinance are not
adequate to address adverse impacts associated with land acquisition and involuntary
displacement and do not fully satisfy the requirements of the Bank's Operational Policy (OP
4.12) on Involuntary Resettlement or that of the international practices. In essence, the law is
largely indifferent to the landowners' present socio-economic conditions, or the long-term
adverse impacts on incomes and livelihood that the acquisition and displacement may cause on
the affected people. Also, there are no other policies that complement the acquisition ordinance
in ways to assess, mitigate and monitor adverse impacts that the affected people may suffer.
Some of the salient gaps in the existing legal framework are summarized below:
Avoiding/Minimizing Land Acquisition: The law only implicitly discourages
unnecessary acquisition, as lands acquired for one purpose cannot be used for a
different purpose, and lands that remain unused be returned to the original owners.
However, there are no mechanisms to monitor if these conditions are actually adhered
to.
Eligibility for Compensation: The law stipulates compensation only for the persons
who appear in the land administration records as the owners. It does not recognize the
rights of those, such as squatters, who do not possess a legal title to the lands they live
in or make a living from. There is thus no provision to mitigate the adverse impacts
they suffer.
People who are impacted through loss of income are not recognized. The Land
Acquisition Act provides for compensation for lands and other fixed assets built and
grown on them (structures, trees and orchards, crops and any other developments like
ponds, built amenities, etc.). However there is no provision to assess the impacts on
peoples‟ incomes, livelihood, loss of employment and businesses for mitigation
measures to restore loss of incomes and livelihood.
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Compensation Standards: Although the law stipulates payment of compensation at
'market prices' for acquired lands as the just compensation, the legal assessment
procedures used almost always results in prices that are far below the actual market
prices.
Relocation of Displaced Persons: There is no provision in the existing laws for
relocation of displaced families who are affected by the loss of their assets: land
and/or structures.
Ensuring Payment/Receipt of Compensation: The legal process to determine
entitlements are too cumbersome and time consuming and do not ensure payment of
compensation prior to their displacement. Lands are legally acquired and handed over
to the project execution agency as soon as the authority identifies the owners (or
'awardees'), by examining the records, and sends a legal notice advising them to claim
the compensation (or 'awards'). The onus is left on the affected land owners to prove,
by producing an array of documents, that the acquired lands legally belong to them.
As gathering these documents is a long, expensive and cumbersome process, many
landowners may be unable to claim their awards. The project has meanwhile started
to use the lands.
Socio-economic Rehabilitation: The existing legal framework does not have any
provisions to mitigate long-term impacts on peoples‟ livelihoods caused by their
displacement. Except for the compensation at the 'market price' for the loss of land,
there are no other provisions, in the acquisition or other laws that require the
government to mitigate the resultant adverse impacts caused by the acquisition.
Socioeconomic rehabilitation of the involuntarily displaced persons is totally absent
in the legal regime of the country.
3.2 World Bank Policies on Environment and Social Safeguard
56. The World Bank's environmental and social safeguard policies are a cornerstone of its
support to sustainable poverty reduction. The objective of these policies is to prevent and
mitigate undue harm to people and their environment in the development process. Safeguard
policies have often provided a platform for the participation of stakeholders in project design,
and have been an important instrument for building ownership among local populations.
57. The effectiveness and development impact of projects and programs supported by the
Bank has substantially increased as a result of attention to these policies. The World Bank has
ten environmental, social, and legal safeguard policies. The World Bank's environmental
assessment policy and recommended processing are described in Operational Policy (OP)/Bank
Procedure (BP) 4.01: Environmental Assessment. This policy is considered to be the umbrella
policy for the Bank's environmental "safeguard policies" which among others include: Natural
Habitats (OP 4.04), Forests (OP 4.36), Pest Management (OP 4.09), Physical Cultural Resources
(OP 4.11), and Safety of Dams (OP 4.37). Operational Policies (OP) are the statement of policy
objectives and operational principles including the roles and obligations of the Borrower and the
Bank, where as Bank Procedures (BP) are the mandatory procedures to be followed by the
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Borrower and the Bank. The Complete list of safeguard policies is given below and relevant
policies are discussed.
Environmental Policies
• OP/BP 4.01 Environmental Assessment
• OP/BP 4.04 Natural Habitats
• OP/BP 4.09 Pest Management
• OP/BP 4.36 Forests
• OP/BP 4.37 Safety of Dams
Social Policies
• OP/BP 4.10 Indigenous Peoples
• OP/BP 4.11 Physical Cultural Resources
• OP/BP 4.12 Involuntary Resettlement
Legal Policies
• OP/BP 7.50 International Waterways
• OP/BP 7.60 Disputed Areas
58. In addition to the 10 safeguard policies, BP 17.5 exists as the Bank Disclosure Policy,
which also relates to safeguards. Bank disclosure Policy supports decision making by the
Borrower and Bank by allowing the public access to information on environmental and social
aspects of projects. The policy requires disclosure in both English and Local language before
project appraisal and must meet the World Bank standards.
3.2.1 OP/BP 4.01 Environmental Assessment
59. Environmental Assessment is one of the 10 environmental, social, and legal Safeguard
Policies of the World Bank. Environmental Assessment is used in the World Bank to identify,
avoid, and mitigate the potential negative environmental impacts associated with Bank lending
operations. In World Bank operations, the purpose of Environmental Assessment is to improve
decision making, to ensure that project options under consideration are sound and sustainable,
and that potentially affected people have been properly consulted.
60. The Bank requires environmental assessment (EA) of projects proposed for Bank support
to ensure that they are environmentally sound and sustainable, and thus to improve decision
making. EA is a process whose breadth, depth, and type of analysis depend on the nature, scale,
and potential environmental impact of the proposed project. EA evaluates a project's potential
environmental risks and impacts in its area of influence; examines project alternatives; identifies
ways of improving project selection, siting, planning, design, and implementation by preventing,
minimizing, mitigating, or compensating for adverse environmental impacts and enhancing
positive impacts; and includes the process of mitigating and managing adverse environmental
impacts throughout project implementation. EA takes into account the natural environment (air,
water and land); human health and safety; social aspects (involuntary resettlement, indigenous
peoples and physical cultural resources); and transboundary and global environmental aspects.
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The borrower is responsible for carrying out the EA and the Bank advises the borrower on the
Bank‟s EA requirements.
61. The Bank classifies the proposed project into three major categories, depending on the
type, location, sensitivity, and scale of the project and the nature and magnitude of its potential
environmental impacts.
Category A: The proposed project is likely to have significant adverse environmental
impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area
broader than the sites or facilities subject to physical works.
Category B: The proposed project‟s potential adverse environmental impacts on human
population or environmentally important areas-including wetlands, forests, grasslands, or
other natural habitats- are less adverse than those of Category A projects. These impacts
are site specific; few if any of them are irreversible; and in most cases mitigatory
measures can be designed more readily than Category A projects.
Category C: The proposed project is likely to have minimal or no adverse environmental
impacts.
3.2.2 OP/BP 4.04 Natural Habitats
62. The conservation of natural habitats, like other measures that protect and enhance the
environment, is essential for long-term sustainable development. The Bank therefore supports
the protection, maintenance, and rehabilitation of natural habitats and their functions in its
economic and sector work, project financing, and policy dialogue. The Bank supports, and
expects borrowers to apply, a precautionary approach to natural resource management to ensure
opportunities for environmentally sustainable development. The Bank promotes and supports
natural habitat conservation and improved land use by financing projects designed to integrate
into national and regional development the conservation of natural habitats and the maintenance
of ecological functions. Furthermore, the Bank promotes the rehabilitation of degraded natural
habitats. The Bank does not support projects that involve the significant conversion or
degradation of critical natural habitats.
3.2.3 OP/BP 4.11 Physical Cultural Resources
63. Physical cultural resources are defined as movable or immovable objects, sites,
structures, groups of structures, and natural features and landscapes that have archaeological,
paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Their
cultural interest may be at the local, provincial or national level, or within the international
community. Physical cultural resources are important as sources of valuable scientific and
historical information, as assets for economic and social development, and as integral parts of a
people's cultural identity and practices. The Bank assists countries to avoid or mitigate adverse
impacts on physical cultural resources from development projects that it finances. The impacts
on physical cultural resources resulting from project activities, including mitigating measures,
may not contravene either the borrower's national legislation, or its obligations under relevant
international environmental treaties and agreements. The borrower addresses impacts on physical
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cultural resources in projects proposed for Bank financing, as an integral part of the
environmental assessment (EA) process. The following projects are classified during the
environmental screening process as Category A or B, and are subject to the provisions of this
policy: (a) any project involving significant excavations, demolition, movement of earth,
flooding, or other environmental changes; and (b) any project located in, or in the vicinity of, a
physical cultural resources site recognized by the borrower. Projects specifically designed to
support the management or conservation of physical cultural resources are individually reviewed,
and are normally classified as Category A or B. When the project is likely to have adverse
impacts on physical cultural resources, the borrower identifies appropriate measures for avoiding
or mitigating these impacts as part of the EA process. These measures may range from full site
protection to selective mitigation, including salvage and documentation, in cases where a portion
or all of the physical cultural resources may be lost.
3.2.4 OP/BP 4.12 Involuntary Resettlement
64. The World Bank policy on involuntary resettlement requires:
i) Avoiding or minimizing adverse project impacts where possible;
ii) Consulting with affected people (AP) in project planning and implementation;
iii) Disclosure of RAP and project related information to the affected person;
iv) Payment of compensation for acquired assets at the market/replacement value;
Resettlement assistance to Project Affected People (PAP), including non titled
persons (informal dwellers/ squatters and encroachers);
vi) Income restoration and rehabilitation program; and
vii) Special attention for vulnerable groups.
65. The above issues must be taken into consideration in dealing with the land acquisition/
requisition required for the construction of the CETP, waste water collection net-work and other
related infrastructures. According to the World Bank Operational Polices OP 4.12, the borrower
should take in to consideration certain specific issues during preparation of RAP in the cases of
Involuntary Resettlement. These are as follows:
Bank experience indicates that involuntary resettlement under development projects,
if unmitigated, often gives rise to severe economic, social, and environmental risks;
production systems are dismantled; people face impoverishment when their
productive assets or income sources are lost; people are relocated to environments
where their productive skills may be less applicable and the competition for resources
are greater; community institutions and social networks are weakened; kin groups are
dispersed; and cultural identity, traditional authority, and potential for mutual help are
diminished or lost. The policy includes safeguards to address and mitigate these
impoverishment risks.
In case of policy objectives, involuntary resettlement may cause severe long-term
hardship, impoverishment and environmental damage unless appropriate measures
22
are carefully planned and carried out. For these reasons, the overall objectives of the
Bank‟s policy on involuntary resettlement are the following:
(a) Involuntary resettlement should be avoided where feasible, or minimized,
exploring all viable alternative project designs
(b) Where it is not feasible to avoid resettlement, resettlement should be conceived
and executed as sustainable development programs, providing sufficient
investment resources to enable the persons displaced by the project to share in
project benefits. Displaced persons should be meaningfully consulted and should
have opportunities to participate in planning and implementing resettlement
programs
(c) Displaced persons should be assisted in their efforts to improve their livelihoods
and standards of living or at least to restore them, in real terms, to pre
displacement levels prevailing prior to the beginning of project implementation,
whichever is higher.
For impacts covered, the involuntary taking of land resulting in (i) relocation or loss
of shelter (ii) lost of assets or access to assets; or (iii) loss of income sources or means
of livelihood, whether or not the affected persons must move to another location.
(a) For the above mentioned facts, the required measures are, the resettlement plan or
resettlement policy framework which includes measures to ensure that the
replaced persons are (i) informed about their options and rights pertaining to
resettlement; (ii) consulted on, offered choices among the ones provided within
the technically and economically feasible resettlement alternatives; and (iii)
provided prompt and effective compensation at full replacement cost for losses of
assets attributable directly to the project.
(b) If the impacts include physical relocation, the resettlement plan or resettlement
policy framework includes measures to ensure that the displaced persons are: (i)
provided assistance such as moving allowances) during relocation; and (ii)
provided with residential housing, or housing sites, or as required, agriculture
sites for which a combination of productive potential, location advantages and
other factors are at least equivalent to the advantages of the old site.
(c) Displaced persons are (i) offered support after displacement, for transition period,
based on a reasonable estimate of the time likely to be needed to restore their
livelihood and standards of living; and (ii) Provided with the development
assistance in addition to compensation measures such as credit facilities, tainting,
or job opportunities.
The process framework also includes a description of arrangements for implementing
and monitoring the process Regarding vulnerable people bank policy, particular
attention is paid to the needs of vulnerable groups among those displaced, especially
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those below poverty line, the land less, the elderly, woman and children, indigenous
people, ethnic minorities, or other displaced persons may not be protected through
national land compensation legislation.
In case of relocation, provision of compensation and of other assistance required for
relocation, prior to replacement, and preparation and provision of resettlement sites
with adequate facilities, where required. In particular, taking of land and related
assets may take place only after compensation.
Preference should be given to land-based resettlement strategies for displaced persons
whose livelihood is land based.
Replaced persons and their communities and any host community are provided with
timely information, consulted on resettlement options and offered opportunities to
participate in planning, implementing and monitoring resettlement. Appropriate and
accessible grievance redress mechanisms are established. The host community‟s
facilities and the cultural institutions of re-settlers and the host communities are also
to be preserved.
Relating to eligibility for benefits, it is essential to determine who will be eligible for
assistance as well as to discourage inflow of ineligible ones for any assistance.
Meaningful consultations with affected persons, community, local authorities and
NGOs will have to be confirmed.
Classifications and criteria of eligibility
(a) those who have formal legal rights to land (including customary and traditional
rights recognized under the laws of the country)
(b) those who do not have legal rights to land at the time of beginning of census but
have a claim to such land or assets provided that such claims are recognized under
the laws of the country or become recognized through a process identified in the
resettlement plan
(c) those who have no recognizable legal right or claim to the land they are
occupying.
Persons covered under 15(a), (b), or (c) of OP 4.12 will be eligible for compensation.
That is, they will be provided compensation for the land they lose and other
assistance in accordance with the provisions of Section-6. Persons covered under Para
15(c) i.e. squatters are provided resettlement assistance.
In lieu of compensation for the land they occupy and other assistance, as necessary, to
achieve the objectives set out in the policy, if they are in the project area prior to the
cutoff date established by the borrower and acceptable to the Bank, but the persons
who encroach on the area after the cutoff date are not entitled to compensation or any
other form of resettlement assistance. All persons included in Para 15(a), (b), or (c)
are provided compensation for loss of assets other than land. (Section-16)
24
Above mentioned statements are the major highlights of the World Bank„s guidelines
of OP 4.12 pertaining to Involuntary Resettlement.
3.2.5 World Bank’s Directives Regarding RAP
66. The World Bank‟s OP 4.12 provides directives regarding the resettlement of project
affected persons due to acquisition of land from them. Involuntary eviction of people from the
acquired land consists of two closely related but distinct processes: displacing people and
rebuilding their livelihood.
67. When people are displaced, production systems may be disturbed, kinships divided, and
historical settlement disorganized. Many jobs and assets may be lost. The host population may
not be friendly. Cultural and religious heritages may be lost. The cumulative effect can thus tear
apart the social bindings, local economy and livelihood pattern.
68. The World Bank was the first international development agency to respond to this
displacement consequences by adopting in 1980 a formal policy for resettlement. Bangladesh
has, in the meantime, gone a long way with its resettlement activities according to the World
Bank‟s OP 4.12 in a good number of aided projects. A few of them are:
(i) River Bank Protection Project (Jamuna),
(ii) Coastal Embankment Rehabilitation Project-II (CERP-II),
(iii)Rural Road Maintenance Project (RRMP) etc. Besides these, Bangladesh has also
implemented a resettlement program for the Jamuna Multi- purpose Bridge Project.
69. These projects have demonstrated the importance of resettlement GOB has assigned for
the large national scale projects. Evaluations of those projects have found that resettlement action
plans implemented for those projects have produced positive results among the affected persons,
directly and indirectly.
3.2.6 Comparison between GoB Laws and WB Policies on Land Acquisition and Resettlement
70. In case of acquisition, only Cash and Compensation under a Law (CCL) includes 50%
premium which is given to the legal owners of the land and actual prices are given to the legal
owners for structures, tress and crops. No payment for the squatters and wage losers for
regaining their economic condition is allowed in case of the owners of acquisition and requisition
land.
71. But according to the World Bank resettlement policy 4.12, compensation is to be paid at
replacement market value where no option for “land for land” is possible. Squatter, wage loser,
25
business loss, loss of indigenous people and women should be specially handled, so that their
economic condition will not be deteriorated.
72. Wage losers should be given special training and support in regaining their previous
socio-economic condition. Valuation of the standing crops is determined by Deputy
Commissioner (DC) with the assistance from the Agriculture Marketing Extension Services.
73. The World Bank Involuntary Resettlement and Rehabilitation Policy requires that the
displaced persons should be
(i) compensated for their losses at replacement costs;
(ii) assisted with the move, during the transition period at the relocation site; and
(iii)enabled to reconstruct a land-based productive existence; and
(iv) assisted in their efforts to improve their former level of living standards, income
earning capacity, and productive levels, or at least to restore them. The absence of
legal titles to land should not be a bar to compensation. In other words, all PAP
should be benefited from the Project, irrespective of their legal status as landowners
or users of project acquired land.
74. The Policy also requires that population displacement should be avoided or minimized
whenever possible and that the PAP and host population should be involved in resettlement
planning and implementation.
75. Consistent with the World Bank policy, this framework and resettlement procedural
guidelines will apply for the concerned projects. This will ensure that persons affected by land
acquisition will be eligible for appropriate compensation and rehabilitation assistance.
76. The framework reflects the government‟s land acquisition and regulation as well as
World Bank policy for all types of losses (land, crops/trees, structures, business/employment,
and workdays/wages).
77. If land for land is not a feasible option, the Affected Person (AP) will be compensated at
full replacement costs. In addition, PAP will receive additional grants to match replacement cost
for lost assets (land and houses), transaction costs such as documentary stamps and registration
costs (in case of purchase of replacements land), other cash grants and resettlement assistance
such as shifting allowances, compensation for loss of workdays/income due to dislocation. The
differences between the Government and the World Bank policies are summarized in Table - 2.
26
Table - 2: Differences between Bangladeshi law and World Bank policy on land acquisition
and resettlement
ISSUE 1982 ORDINANCE OP 4.12
Coverage
Legal owners
Share-croppers
Tenants
All affected parties, including squatters
and illegal occupants
Compensation
Based on market values over
previous 12 months
No provision for restoration of
income streams
Replacement cost at current market
price
Requires livelihood restoration
component.
Uses of material from
dismantled structures
Material is to be auctioned after
being compensated for it
Material can be taken and re-used by
affected party
Minimization of
impacts
Discourages unnecessary
acquisition but no mechanisms to
monitor
Alternative analysis required to justify
avoidance and/or mitigation of impacts
Cut-off dates
Not addressed Important to ensure that squatters are
included in compensation and to
prevent rent-seeking behavior of
additional squatters settling onto project
land
Consultation No consultation required Consultation as core issue in RAP
preparation and implementation
Relocation assistance No assistance provided Relocation assistance required
Livelihood restoration Not addressed Livelihood restoration component and
attention to post-resettlement required
78. Further, the female-headed households, indigenous peoples‟ households and other
vulnerable households will be eligible for further cash assistance for relocation and house
construction grants.
Mitigations procedures and their implementations
79. For mitigation, the following mitigable impacts/losses should be considered in preparing
the RAP:
1. Land including man-made water bodies
2. Vested and non-resident properties
3. Houses and other structures on private land
4. Houses and other structures on public land
5. Trees and orchards
6. Fruits and other crops
7. Rental income
8. Temporary loss of business and wage income
9. Community facilities
27
10. Common property resources
11. Severely affected persons/households
12. Female headed households
13. Vulnerable households, squatters, tribal communities, etc
80. Socio-economic details including analysis of the loss of assets and otherwise of all these
PAP should be done plot to plot survey and interview of all the homestead land, structure and
tree owners. Questionnaire survey is needed for loss estimation as well as impact assessment in
the area.
3.2.7 The World Bank’s Disclosure Policy for EA
81. The Bank reaffirms its recognition and endorsement of the fundamental importance of
transparency and accountability to the development process. Accordingly, it is Bank‟s policy to
be open about its activities and to welcome and seek out opportunities to explain its work to the
widest possible audience.
82. For all Category A and B projects proposed for IDA financing, during the EA process,
the borrower consults project-affected groups and local Non-Government Organizations (NGOs)
about the project‟s environmental aspects. For Category A projects, the borrower consults with
these groups at least twice: (a) shortly after environmental screening (b) once a draft EA report is
prepared.
83. The EA report is publicly available (a) after the borrower has made the draft EA report
available at a public place accessible to project-affected groups and local NGOs in accordance
with OP/BP 4.01, Environmental Assessment, and (b) after such EA report has been officially
received by the Bank, but at least 120 days prior to the expected Board date. The Executive
Summary of the Environmental Assessment for Category A projects also should be sent to the
World Bank Board at least 120 days prior to the Board date. Here should be noted that once the
borrower officially transmits the „Category A‟ EA report to the Bank, the Bank distributes the
summary (in English) to the Executive Directors (EDs) and makes the report available through
the InfoShop.
3.2.8 The World Bank’s Pollution Prevention and Abatement Handbook 1998
84. The Handbook is specially designed to be used in the context of the World Bank Group‟s
environmental policies, as set out in Operational Policy (OP) 4.01, “Environmental Assessment”,
and related documents. The guidelines apply to all Bank Group-funded projects approved in
principle on or after July 01, 1998. The handbook promotes the concepts of the sustainable
development by focusing attention on the benefits-both environmental and economic-of pollution
prevention, including cleaner production and good management techniques. The handbook
provides different options for integrated wastewater management and effluent discharge
requirements (Annex-B). The effluent of the CETP constructed under DEW project will fulfill
the requirement as per the handbook.
28
3.2.9 The World Bank’s Pollution Prevention and Abatement Handbook 1998
85. The World Bank Group Environmental, Health, and Safety Guidelines (known as the
"EHS Guidelines") are technical reference documents with general and industry-specific
examples of Good International Industry Practice (GIIP). This guidelines are initiated the
International Finance Company (IFC), a World Bank Group member. The EHS Guidelines
contain the performance levels and measures that are normally acceptable to the IFC and are
generally considered to be achievable in new facilities at reasonable costs by existing
technology. For IFC-financed projects, application of the EHS Guidelines to existing facilities
may involve the establishment of site-specific targets with an appropriate timetable for achieving
them. The environmental assessment process may recommend alternative (higher or lower)
levels or measures, which, if acceptable to IFC, become project- or site-specific requirements. As
a best practice, the DEW project will follow the guidelines during the environmental assessment
of CETP and designing the environmental management plan.
3.2.10 Implications of the World Bank Policies on DEW Project
86. The project is classified as a Category A project, due to the complexity of environmental
issues associated with pollution control and wastewater management. The environment
assessment (OP/BP 4.01) policy has been triggered for the proposed operation. Although no
impacts on natural habitats and physical cultural resources are expected, natural habitats (OP/BP
4.04) and physical cultural resources (OP/BP 4.11) are considered in the environmental and
social framework preparation.
87. As the exact location of project site(s) is not known at this stage, project implementer(s)
need to prepare a Limited Environmental & Social Assessment (ESA) and Environmental &
Social Management Framework (ESMF). The limited ESA provides a broader analysis of the
potential sites and the ESMF defines the policies and procedures to be followed during to the
project implementation to adequately address the environmental and social issues. Detailed site
specific environmental assessment will be required before execution of the subproject. Land
Acquisition and Resettlement Policy Framework (RPF) is laying out the key principles of the
World Bank‟s OP 4.12 and also a strategy to fulfill the policy‟s requirements that is mutually
agreed upon. Specific Social Impact Assessments (SIA) and Resettlement Action Plans (RAP) if
needed, will have to be prepared during project implementation for each component where the
specific project sites can be identified.
88. The following activities will be put in place to inform affected citizens, raise their
awareness of the issues, and engage them in the monitoring of water quality in the areas adjacent
to the project sites:
Information and awareness raising campaign to educate citizens and local institutions
about the risks associated with heavy pollution loads discharged into the open, and
direct risks posed to the local population in terms of health, safety, and cost-sharing
for cleaning up. This can be done by intervening in local schools, as well as through a
program of sensitization in the localities affected by industrial water waste.
29
Collaborative (and third-party) monitoring of water quality where national
universities work together with local NGOs or citizens groups to monitor the
operation of effluent treatment plants, as well as the quality of discharged water.
Participating industries should also be part of this tripartite monitoring to avoid
possible conflicts and at the same time to promote their behavior of those who take
action to clean up.
Establishment of grievance procedure for parties affected by discharge of pollutants
into the open. There should be a clear mechanism for addressing concerns of affected
citizens and local institutions, so that grievances are addressed adequately and in a
manner that leads to resolution of issues. The grievance redressing procedure should
indicated where to lodge a complaint, the roles of all stakeholders in addressing the
issues, the timing of the process, and the mechanisms for appeals at various levels in
the process.
Periodic dissemination of findings of water quality monitoring focusing on
improvements and targets reached by industries that have improved their overall
discharge loads. This will work as a “positive disincentive” for other less-compliant
factories that would not appear on the list of best performing companies. Reports
should be made available publicly and provided to buyers.
National level debates on issues of industrial water pollution, engaging the media
with op-ed pieces, visual reportages, and round-tables to bring out positive
experiences emerging for the DEW project and at the same time to continue raising
awareness among the public on the need for cleaner production processes in Dhaka
and in Bangladesh.
30
4. Alternative Analysis
4.1 Alternative Site Analysis
89. As part of the project preparation, an industrial survey was carried out mainly to identify
major pollution outfalls and to select the industries for auditing in 2006-07. The industrial survey
comprised sampling and discharge measurement at important/major outfalls. Sampling of
effluent was carried out at 41 major outfalls from the 9 industrial clusters3. The locations of the 9
clusters are shown in the Figure - 2 and a brief description of clusters with 41 outfalls position is
provided in Annex-C. These 41 major outfalls, originating from the industrial clusters, also
contain domestic wastes. The samples were tested, for the following 14 parameters, at the
Environmental Engineering Laboratory of Bangladesh University of Engineering and
Technology (BUET):
Dissolved oxygen (DO)
Biochemical oxygen demand (BOD5 at 20OC)
Chemical oxygen demand (COD) [K2Cr2O7 method]
Chloride (Cl)
Ammonia (NH3-N)
Ammonium (NH4-N)
Nitrate (NO3-N)
Chromium (Cr -Total)
Cadmium (Cd)
Lead (Pb)
Total suspended solid (TSS)
Total dissolved solid (TDS)
Phosphate (PO4-P)
Sulfate (SO4-S)
90. The test results of the 41 outfalls are presented in Annex-D. The test results showed that
organic pollution is predominant. Out of the 41 samples collected, BOD concentrations in 34
samples have been found to exceed the EQS of 50 mg/l, and DO concentrations in 40 samples
are below the lower limit (4.5 mg/l) of the EQS. In addition, Ammonia concentrations of 19
samples have exceeded the EQS of 5 mg/l. Concentration of Chromium in only one sample
(from Hazaribagh cluster where tanneries are situated) have been found too high (30.67 mg/l) in
contrast to the EQS of 0.5 mg/l. Concentrations of Cadmium in three samples are higher (almost
double) than the EQS of 0.05 mg/l. The test results showed that heavy metal pollution was
widespread in Dhaka watershed during the sample collection. However, it should be noted that
the samples was collected in 41 outfalls and only one time. The project will carry out continuous
water quality monitoring during project implementation.
3 Tongi, Hazaribagh, Tejgaon, Tarabo, Narayanganj, Savar, Gazipur, Dhaka EPZ and Ghorashal
31
Figure -2: Locations of 9 Clusters
32
91. The study also attempted to compute the BOD loadings from the industrial effluents and
domestic effluents. The Table -3 shows the BOD loadings from nine clusters (for outfall specific
information, please see Annex-E). Reviewing Table - 3, it is evident that concerning the
pollution potential of organic pollutants (~BOD effluent load), total BOD load originating from
industries is much higher than that of domestic origin: contribution of industrial effluent load is
found to be about 84%. However, contribution of domestic effluent load increases from 16% to
39% when BOD effluent loads of the 13 domestic wastewater outfalls (Annex-E) are taken into
consideration. Even then, the contribution of industrial effluent load is more than 60%, which is
absolutely significant and deserves serious consideration for any planning to reduce pollution in
the Dhaka watershed.
Table - 3: BOD Loadings from Nine Industrial Clusters
Cluster Total
Generated
Load
(kg/d)
Total flow
from
outfall
(m3/d)
Total
Effluent
Load
(kg/d)
Industrial
Effluent
(m3/d)
Industrial
Effluent
Load
(kg/d)
Domestic
Effluent
(m3/d)
Domestic
Effluent
Load
(kg/d)
Domestic
Load
Retained
in situ
(kg/d)
Tongi 12,555 35,158 7,159 21,708 3,797 13,450 3,362 5,396
Hazaribagh 66,664 87,184 55,773 49,489 46,349 37,695 9,424 10,891
Tejgaon 70,975 229,133 59,611 157,853 41,791 71,280 17,820 11,364
Tarabo 44,816 84,672 26,962 84,672 26,962 0 0 17,854
Narayanganj 74,957 494,946 43,025 456,225 33,344 38,721 9,681 31,932
Savar 8,291 9,114 1,757 7,738 1,413 1,376 344 6,534
Gazipur 19,965 192,845 18,922 192,845 18,922 0 0 1,043
DEPZ 48,113 314,755 31,042 314,755 31,042 0 0 17,071
Ghorashal 15,850 44,928 5,422 44,928 5,422 0 0 10,428
Total 362,186 1,492,735 249,673 1,330,213 209,042 162,522 40,631 112,513
92. Another study was carried out in 2009-10 to evaluate the PPP options for industrial
wastewater treatment and reuse. The study also included a comparative analysis of clusters
considered earlier. The following clusters were not considered:
Hazaribagh – The government has allocated a new industrial area to relocate the tanneries
at Hazaribagh
Tejgaon – This cluster is located in central Dhaka and is undergoing a major shift from
industrial to increasingly commercial activities (with many heavy industrial activities
now relocating to sites on the city‟s fringes). Since this trend is expected to continue, it
would not be appropriate to invest in future large-scale industrial wastewater treatment
investments in this location.
DPEZ – BEPZA Authority has taken measures to set-up CETP through private
investments.
93. The comparative analysis was carried out based on certain parameters which includes
technical aspects including environmental and social issues. The parameters are: i) Delineation
of area; ii) industry density; iii) water quality impacts; iv) other direct parameters; v)
33
homogeneity of effluent; vi) land for CETP; vii) options for pre-treatment; viii) types of drainage
and distance from river; ix) history of conflict/disputes; x) resettlement issues; and xi) disruption
during construction. The comparative analysis is shown in Annex-F. The study recommended the
following sites for CETP construction.
Konabari-Kashimpur under Gazipur district
Fatullah under Narayanganj district (Narayanganj II)
Enayetnagar under Narayanganj district (Narayanganj III)
94. The feasibility study currently on-going considered the above 3 clusters for the CETP site
selection. The following criteria have been considered in feasibility study to finalize the
locations.
Development, Operation and Maintenance of CETP
Industrial density
Nature and type of industries
Availability of land for the proposed pilot CETP
Cost of land
Existing drainage/sewerage pattern and storm water drainage facility
Resettlement issues during land acquisition for the proposed CETP
Access roads for the construction of CETP
Water quality impacts
Distance from the River to discharge the final effluent after proper treatment
Domestic waste collection, treatment and discharge facility
Population density within the area
Separation of domestic waste and industrial waste facility
95. The feasibility study team identified the following positive aspects of the Konabari-
Kashimpur cluster under Gazipur district.
Present collection of industrial wastewater is in a planned manner leading to the River
through natural khal &/or pipeline
Land is available (open space without any structure) for the construction of proposed
pilot CETP near the present wastewater outlets and comparatively cost of land is
cheaper in comparison to other two clusters
Access is good for the construction of the CETP, both road and river communication
is good
Piping cost for collection of wastewater will be relatively low
Considerable number of industries will be benefited with the CETP
Area is not densely Populated
Domestic wastes and industrial wastes can easily be treated in the CETP, because the
present population density is low
If two CETP can be constructed within this cluster – one for the northern discharge
and one for the southern discharges – it will become possible to arrange two different
34
treatment models. This in turn will enforce the Pilot project, as two different options
for the future plants may be compared and evaluated
A major constraint for both sites is the available limited area – 4 ha at each site. As a
conclusion – this constraint limits the type of feasible technologies to types with a
rather small foot print. Furthermore it will not be possible to handle the entire
amounts of wastewater at these limited sites, even if compact plants are selected
Some industries have their own ETP and thus pre-treatment may not be required in
many industries
Large number of medium to large scale industries and many small industries, largely
dominated by textile industries
The cluster is located upstream of the Turag River and thus River pollution will be
reduced to a certain extent and thus health hazard would also be reduced
Resettlement issue will be very low i.e. insignificant
This cluster is not congested
Other factors such as willingness to pay or ability to pay O&M cost and sharing of the
capital investment cost are more or less equal to other clusters i.e., positive
There is no major disadvantage for the construction of Pilot CETP
96. Contrary to the above advantages of the Konabari-Kashimpur cluster, the feasibility study
team identified the following limitations of Fatullah and Enayatnagar clusters under
Narayangonj district.
Both clusters are densely populated
Suitable land for the pilot CETP is not available and costs for land acquisition land
are high
Resettlement issues are very high, because suitable open space is not available
There is no space available for pre-treatment within many of the industries
Large quantities of domestic wastewater are combined with the industrial wastewater‟
which cannot be separated without both time consuming work and excessive costs
It may become a considerable risk that if CETPs are constructed within the area, only
marginal environmental improvement would be noticed
Wastewater treatment process including both domestic and industrial waste water
would be more appropriate solution for these two clusters
An alternative – more suitable – option for these two clusters may be to connect with
the existing Sewage Treatment Plant of DWASA at Pagla
Other factors such as homogeneous wastewater quality, willingness to pay or ability
to pay O&M cost and sharing of the capital investment cost, access for the
construction of CETP etc. are more or less equal to Konabari-Kashimpur cluster
under Gazipur district i.e., positive
35
Conclusions
97. The pollution prevention and pre-treatment activities under phase I will be made
available to textile factories in all 3 clusters: Konabari-Kashimpur, Fatullah and Enayatnagar.
Only one section/part of one of these existing three clusters will be eligible for CETP under
Phase II under the current proposed financing (although the geographical scope may
subsequently be expanded through additional financing).
98. Based on the preliminary technical assessment of the pre-feasibility study, certain parts of
the Konabari-Kashimpur industrial cluster appear best suited, from a technical point of view, for
the construction of medium sized CETP under phase II. It is therefore currently the front-running
cluster. For this reason, this ESMF will now focus pre-dominantly on the Gazipur cluster. Table -
4 shows results of industrial and domestic connection survey in Gazipur in 5 different sampling
locations.
Table -4: Summary of Industry/Domestic Connection Survey
Sl
No. Sampling Location
Total
Industry
Type ETP Status
Large Medium Small Yes No Not
Provided
1 Katlakhali Khal,
(GAZI-01) 7 3 3 1 4 3 0
2 Goranbar Konabari,
(GAZI-02) 19 4 2 13 4 12 3
3 Baimail Konabar
BSCIC (GAZI-03) 101 5 20 76 2 43 56
4 Nayapara Khal,
(GAZI-04) 14 4 7 3 5 8 1
5 Kashimpur Khal,
(GAZI-05) 2 2 0 0 2 0 0
6 Summary 143 18 32 93 17 66 60
99. Nevertheless, since the construction of CETPs ultimately need to be demand driven
(based on willingness to pay demonstrated under Phase I of the project), the relative demand
between and within the 3 clusters will need to be assessed before making the final assessment on
both the design and location of the CETPs.
4.2 No Action Alternative 100. The No Action Alternative would see the continued release of untreated wastewater into
the canals and rivers around Gazipur district, exacerbating the deterioration of the natural
ecosystem and health hazard in the adjacent areas. In addition, the Greater Dhaka watershed
demands innovative and sustainable model to improve the industrial production system and
effluent discharge into the nature. Especially there are pressures from the international buyers of
textile and readymade garments industries to treat their effluent.
36
4.3 Alternative Analysis- Individual vs. Common Effluent Treatment Plant 101. Alternative analysis was carried out between individual effluent treatment option vs.
common effluent treatment options in terms of cost, environmental impacts and land availability.
This has been done taking into consideration of the experience in other similar other cities in the
region and also urban settings of Bangladesh. The following are the general advantages of
CETPs over Individual ETP.
facilitates 'economy of scale' in waste treatment, thereby reducing the cost of
pollution abatement for individual SMEs
addresses the 'lack of space' issue - CETP can be planned in advance to ensure that
adequate space is available including plans for expansion in future
homogenization of waste water
relatively better hydraulic stability
professional control over treatment can be affordable
facilitates small scale units, which often cannot internalize the externalities due to
control of pollution
eliminates multiple discharges in the area, provides opportunity for better
enforcement i.e., proper treatment and disposal
provides opportunity to improve the recycling and reuse possibilities
facilitates better organization of treated effluent and sludge disposal etc.
102. Cost: Individual ETPs for medium to large textile factories in Dhaka typically cost
between 1 and 3 million USD to build and between 9-10 Tk/m3 to operate. It is anticipated that
around 40 factories will be able to connect to a single CETP costing around 40 million USD.
Due to conversion of scale, CETP will cost on an average 5-6 Tk/m3 to run.
103. Environmental Impacts: A centrally operated CETP is more likely to yield positive
environmental impacts. Due to intense monitoring requirements, and limited DOE capacity in
terms of available technical staffs and logistics, it is much harder to effectively monitor the
sound, continuous operation of many individual ETPs. There are also currently no provisions for
the disposal of waste (including sludge) resulting in additional pollution risks. In contrast, a
single CETP under the responsibility of a single operator reduces the monitoring burden of DOE.
Moreover, the operator is much more likely to have greater operational know-how in terms of the
sound management of a CETP, including health and safety and appropriate treatment processes.
Finally, the construction process and final disposal of waste (including sludge) will be closely
regulated by DOE, and will be done under the umbrella of a new CETP operations and sludge
disposal guidelines (to be finalized during phase I of the project).
104. Land availability: Although land availability is a major constraint for CETPs, land
availability is also a major constraint for individual factories, particularly smaller ones, who
simply do not have the space and therefore cannot construct an ETP on their own premises.
Moreover, it is important to note that many individual smaller textile factories simply do not
have access to either the land (discussed above), or the financial resources or the managerial /
technical know-how and time to invest in building and managing an ETP. In sum, for many
textile factories, the choice is not necessarily an assessment of the cost-benefits of the ETP vs.
37
CETP option. For many of the smaller factories who face basic constraints mentioned above,
CETPs may be the only option available to them in order to comply with national and
international environmental standards and maintain export market share. However, it is not
expected that the CETP will fully replace the ETP, rather it provides a complimentary solution,
particularly appropriate for small and medium textile factories within close proximity of each
cluster.
4.4 Alternative Pre-treatment Options 105. The CETP treatment options are being designed to minimize the need for extensive pre-
treatment, since this is an expensive and complex process which is beyond the capacity of this
project to implement. Rather, the onus will be on the CETP design to have a sufficiently resilient
system. Around 80-90% of textile factories will therefore be able to discharge their effluent after
basic pre-treatment only. While the project will help all participating factories incorporate basic
pre-treatment, more extensive treatment options will be restricted to either very large textile
factories or non-textile factories interested in taking part.
106. These pre-treatment options at various industries will be required for mainly i) to protect
the CETP from disturbances by toxic or other hazardous components; ii) to safeguard that the
effluent standard for the CETP can be complied with the national standard (this may require pre-
treatment aiming at substances, which cannot be removed by CETP); and iii) to safeguard that
the sludge from the CETP will have acceptable properties for a subsequent recycling. Three
types of pre-treatment options are reviewed for project design. However, actual option available
to individual factories will be decided during the first phase.
Basic Pre-Treatment
107. Some form of basic pre-treatment is likely to be required for all medium and large textile
factories (but smaller ones may be exempt). This basic pre-treatment will include the some or all
of the following steps:
Screwing (rag removal by a grid)
Oil separation (skimming of floating oil and grease and scum)
Equalisation (to buffer incidental high loads of pollutants)
Neutralization (to bring wastewater to a safe Ph of 6-8.5)
Sedimentation (to remove sand and settleable matter)
108. In addition, combined flow metering and sampling box will be considered to measure
effluent flow and the allow proper (flow proportional) sampling. These data from individual
participating factories to be collected during phase I will be critical to enable the final calibration
of the CETP design.
38
Pre - treatment 1
109. Pre-treatment 1 may be required for 10% participating factories. The following measures
aim primarily at protecting the biological treatment or the sewer system from disturbances or
damages, but may also be required for complying with effluent standards, as well as
safeguarding acceptable sludge qualities, e.g. for recycling to agriculture.
Extreme pH values (acid, pH<6 and alkaline, pH>8.5) have to be neutralized through
the addition of alkali or acid, respectively, preferably in combination with an
automatic pH control
High concentrations of heavy metals have to be reduced, e.g. by some type of
chemical treatment, or by suitable process changes/improvements within the industry.
The latter would have the purpose of reducing the input of metals into or reducing the
discharges of metals from the processes
High concentrations of mineral oil may occur at workshops and similar
establishments. Will have to be reduced, e.g. by some conventional type of oil
separator, sometimes enhanced by chemical or other advanced methods.
High concentrations of other toxic substances, such as pesticides, have to be reduced,
or rather eliminated. Possible methods may be internal process measures, or external
treatment by chemical and/or biological methods. Choice of method is definitely
depending on the individual case.
High concentrations of sulphate, which may be corrosive to concrete and create other
problems (as mentioned above), can be reduced only by reducing the consumption or
formation of sulphate within the industry.
Pre - treatment 2
110. Pre-treatment 2 may be required for 10% factories. The following measures aim primarily
at protecting the WWTP from overloading, with respect to organic matter (BOD, COD),
suspended solids (TSS), or nitrogen (N) and phosphorus (P) compounds. This may also be
required for complying with effluent standards:
High TSS concentrations may have to be reduced by treatment in settling tanks,
filters etc.
High BOD and COD loads normally have to be reduced by biological pre-
treatment, possibly in connection with chemical flocculation.
The risk that high concentrations of nitrogen and phosphorus would lead to
overloading is usually negligible. If pre-treatment would be required, biological
and/or chemical methods could be applied.
111. The discharge of these components (BOD, COD, TSS, N and P) from industries may also
– depending on the type of industry and the particular circumstances – be reduced by internal
process changes.
39
112. There is a basic difference between the two groups of substances, the presence of which
may lead to a requirement of pre-treatment, as described above. This can be summarized as
follows:
The toxic substances (heavy metals etc.) - or other substances with a damaging
effect - have to be reduced down to the stipulated standards, if the operation of the
sewer system and the CETP shall not be seriously jeopardized.
The organic substances (BOD, COD), TSS, and possibly N and P compounds, can
be supplied to the CETP up to such levels that the design loads are not exceeded.
As long as overload is not occurring, effluent standards will be complied with, but
the increased load will increase the operation costs. In case of overload there is a
risk of exceeding effluent standards after treatment. These situations should
normally be counteracted by the operator of the CETP by adopting discharge fees
to be paid by the industries – e.g. as Taka/kg COD – which depends on the level of
the discharge. For instance, above a critical discharge level the fee is significantly
raised.
4.5 Alternative Treatment Options 113. A wide range of treatment technologies are found within the wastewater sector. The
industrial cluster of Konabari-Kashimpur under Gazipur is polluted primarily with organic
pollutants, which are usually measured as Biochemical Oxygen Demand (BOD) and Chemical
Oxygen Demand (COD).
114. The selection of a relevant treatment process for wastewater is a complex task, and a
number of factors are to be involved. Principally the selection of treatment processes is very
simple. There are basically only two models relevant for treatment, “Transformation” and
“Separation”. Virtually all biologic treatment methods are examples of transformation processes,
where organic matter is converted and degraded from potentially polluting agents into water and
gases, deemed harmless to the environment.
115. Separation takes place as settling, sieving, filtration or flotation. This is found at a
number of different types of wastewater treatment processes, and normally in conjunction with
biologic reactors. Separation also includes another important process feature at a treatment plant:
Concentration, which is an indispensable part of the sludge management. Dewatering of sludge,
which is a concentration process, is a prerequisite at most CETPs.
116. The treatment process selection is also dominated by the effluent standards, financial
soundness and ease of operation under local environment. The feasibility study considered a
number of treatment options for the Gazipur clusters. These are: (i) Extended aeration (oxidation
Ditch); (ii) Sequencing Batch Reactors (SBR) systems; (iii) Dual power aerated lagoons; (iv)
Anaerobic reactors + aerated lagoon; (v) Trickling filters + chemical precipitation; and (vi)
Chemical precipitation systems. Comparative analysis of these 6 options are discussed in Annex-
G.
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117. A Sequencing Batch Reactor (SBR) system- a fill and draw activated sludge system is
likely to be highly completive and replicable model in industrial clusters with large proportion of
textile factories (and other with high organic content). It has small land foot-print, which means
unoccupied sites can be identified in many of Dhaka‟s industrial pollution hotspots. This land
may initially be acquired through government, but over time it is expected to also be purchased
by privately. Both O&M and capital costs are competitive compared with only other pollution
abatement option (individual chemical or biological treatment option).
41
5. Preliminary Environmental and Social Baseline
5.1 General
118. Gazipur district (coordinate 22o11‟N90
o20‟E) with an area of 1,741.53 aq. km, is
bounded by Mymensingh and Kishoreganj districts on the north, Dhaka Narayanganj and
Narsingdi on the south, Narsingdi on the east, Dhaka and Tangail district on the west. The main
rivers are Brahmaputra, Shitalakshya, Turag, Bangshi, Balu and Banar. The Figure -3 shows the
map of Gazipur district. The primary identified sites for CETP is under Gazipur Sadar Upazilla.
This chapter provides the generic baseline for the proposed project area. The detailed baseline
information and analysis will be carried out during the sub-project specific environmental and
social analysis.
Figure – 3: Map of Gazipur District
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119. The cluster enjoys all basic infrastructure facilities such as, electricity, gas,
telecommunications, internal drainage etc. Some of the notable features of the surroundings are:
Like other parts of Bangladesh, domestic animal and common birds are seen
around the cluster;
There are only a few high rise buildings (3-4 stories and above) and no
monuments or features of historic interest on and around the cluster are found;
Features of scientific interest on and around the cluster are absent;
There is no development of scenic or recreation facility near the cluster.
5.2 Physical Environment
5.2.1 Topography
120. Topographically the cluster is almost flat, with many depressions, natural khals, bounded
by the Turag River. There are many vacant low lands on the bank of the Turag River, where
many brick manufacturing industries exist. The depressions and canals are dominated by organic
clay and peats. The cluster lies on the Madhupur Clay with its average thickness of about 10
meters consists of over-consolidated clayey slit and is underlain by the Pleistocene Dupi Tila
formation. Most depression and canals are tectonically controlled.
5.2.2 Climate
121. Gazipur has a humid sub-tropical climate with large variations between summer and
winter temperatures. The cluster has a tropical monsoon climate. It has three main seasons.
Summer/Pre-monsoon - March to May
Rainy Season/monsoon - June to October
Winter season - November to February
122. The rainy season is hot and humid having about 90 percent of the annual rainfall. The
winter is predominately cool and dry. The summer is hot and dry interrupted by occasional heavy
rainfall. The annual average temperature maximum 360C and minimum temperature is about
12.70C. Annual rainfall is about 2,376 mm.
5.2.3 Land use
123. Like other parts of Bangladesh agricultural crops dominate within the area and there are
many “Brick fields” within the cluster. The main crops are rice, wheat, potatoes, garlic, chilli,
onion and other vegetables. There are many industries located within the cluster including
“Konabari BSCIC”. There are many seasonal fruits e.g. Jackfruit, mango, etc. The primary sites
identified for the construction of CETP are khas lands and not used for any major economical
activities. Some lands are used for seasonal cultivations.
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5.2.4 Geology and Geomorphology
124. The Gazipur cluster lies on the southern corner of Madhupur Tract along the Old
Brahmaputra, Turag, Bangshi and Sitolakkhya Rivers. This tract is made of sediments of
Pleistocene age which is underlain by the Plio-Pleistocene Dupi Tila Formation. The Gazipur
study area lies in the deep geosynclinals part. It is characterized by a huge sedimentary sequence
of mostly tertiary age testified high tectonic instability or mobility. The stratigraphy of the deep
basin including fore deep and fold belt to the southeast is characterized by an enormous
thickness of tertiary sedimentary succession. The rocks encountered here are much younger in
geologic age and ranges between Oligocene and Recent time. The basin has got the record of
rapid subsidence and sedimentation.
125. Geological structure in Gazipur is delineated mainly based on geophysical survey named
as Titas structure. This is an anticlinal fold, which has no surface geomorphic expression and is
covered by Titas-Meghna River floodplain deposits. Titas anticline is a north-south elongated
semi-domal structure influenced by tectonically positive element from the deep subsurface. Titas
anticlinal closure is one of the largest (168 km) in Bangladesh. The structure is asymmetric in
nature with steeper dip in the eastern flank and gentler slope in the western flank. There has been
indication of faulting in the deeper level in the eastern flank, as shown by seismic reflection
discontinuities.
5.2.5 Surface Water Resources
126. As other parts of the country, this cluster also receives sufficient amount of rainfall
(average annual rainfall is 2376 mm). Turag River is the major surface water body in the
Konabari-Kashimpur cluster under the Gazipur district. This river is used for local navigation
and multipurpose uses during monsoon, carrying wastewater from the adjoining industries and to
carry runoff water from adjoining agricultural lands, which might contain pesticides and residual
fertilizers. These are also used for seasonal fishing purposes. Regarding pollution load concern,
Turag River receives discharges from all the industries situated along the Joydebpur-Tangail
road and Konabari-Kashimpur Industrial Zone, which include textiles, footwear, food, chemical,
pharmaceutical, detergent, etc. Some of the industries have got their own effluent treatment plant
(ETP) and many of them have got no ETP, as a result the surround surface water bodies are
polluted, which is a major concern of environmental degradation of the cluster. There are many
brick manufacturing industries around the bank of Turag River and the burnt brick are carried
through boats along the Turag River. Many people use boats along the Turag River for their local
transportation.
5.2.6 Ground Water Resources
127. There is a good availability of ground water that is being used by hand pumps for
drinking and domestic purposes. Some industries are using deep tube wells within their premises
to meet the requirement of quality water for various purposes. The scattered homesteads are
using hand tube well (HTW) to meet their domestic demand. No data is presently available on
pumping rate. Iron and arsenic are the major water quality concern for drinking purposes in
Gazipur cluster.
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5.3 Ecological Resources 128. The ecological settings of the cluster are mostly with wetland, homestead and roadside
vegetation etc. The homestead vegetation has a positive effect on improvement of soil moisture
through shading and mulching process. The trees growing at homesteads also ensure for easy
access to the fuel wood, fodder and other products. A large number of multipurpose trees (fruit,
timber, fodder, medicine) are grown in the cluster. The most common among them are jackfruit,
mango, lemon, banana etc. Two major types of fauna viz., terrestrial and aquatic fauna have
been identified in and around the cluster.
5.3.1 Flora
129. Wetland flora plays a vital role for biodiversity conservation. The wetland habitat is
characterized by anaerobic conditions, which inhibits normal plant growth. The cluster supports
two types of wetland e.g., (a) Permanent wetland and (b) Seasonal wetland. The permanent
wetland includes rivers and perennial water bodies. This wetland provides refuge and shelter for
the most of the aquatic flora. The seasonal wetland serves as the cultivated land. Aquatic flora in
the cluster can be divided into communities based on a set of environmental conditions. The
communities are as follows:
Free-floating plants
Sub merged floating plants
Rooted floating plants
Sedges and meadows
Marginal vegetation
5.3.2 Forest and Protected Areas
130. Bhawal National Forest and Bhawal National Park is the biggest forest and protected area
with the Gazipur district. These are far away from the proposed CETP sites and no negative
environmental impacts are anticipated due to construction of CETPs.
5.3.3 Birds, Wildlife and Wetland Habitats
131. Leaving aside the common birds like crows, sparrows, shaliks, cuckoos etc. and some
domestic cattle, no other wild animals inhabit the area. The wildlife that fully depends on the
terrestrial land throughout their whole life, their existence, shelter, food, nesting, breeding and
also producing own offspring is called terrestrial fauna. Core components of the terrestrial fauna
are amphibian, reptile, birds and mammals.
5.3.4 Fisheries
132. Fresh water fish habitat such as river, pond and ditches exist in and around the cluster,
which provide shelter, feeding, and spawning ground for different types of fresh water fish
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species. Large-scale human intervention for catching fresh water fishes from their natural
habitat/Turag River has been observed. The reproduction, breeding and multiplication of aquatic
fishes are very finely tuned and adjusted to the rhythm and amplitude of monsoon flooding in
and around the proposed cluster. There are many fishermen within the cluster whose income
source is mainly fishing from the Turag River as well as natural canals.
5.4 Social and Cultural Profile
133. Social & cultural profile of this cluster is similar to other parts of Bangladesh. Muslims
represent about 90% of the local population, Hindus & other religion represent about 10%.
Muslims observe big festivals of End-all Azha & Eid-ul Fitre and Hindus observe Durga Puja,
Kali Puja etc.
5.4.1 Population and Community Characteristics
134. The population of the district as per 2001 Census is 2,026,244 with male 51.77%, female
48.23%; Muslim (91.9%) is the dominant religion and other are Hindu (7.5%), Christian (0.4%)
and Others (0.2%). Ethnic nationals are Rajbangshi (Koch), Garo and Mandi. The population of
the areas where the CETP siting is proposed is about 62,772 in konabari and about 48,272 in
Kashimpur, totaling 111,044.
5.4.2 Socio-Economic Conditions
135. The Average literacy is 36.25% (male 43.2% and female 29.3%). The major sources of
income within the population of this cluster are agriculture, agricultural labour, wage labour,
industrial labour, commerce, small shops, small shops in the markets, service, transport,
construction, fisheries, hawker, house renting out, land renting out for the Brick field and others.
5.4.4 Physical Cultural Resources
136. There are many physical cultural resources within Gazipur District, e.g. Bhawal National
Park, Bhawal National Forest, Bhawal Rajbari, Natural beauty of Pirojali, Shitalakkhya River,
Turag River, Old Brahmaputra, Bangshi, Balu & Banar Rivers.
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6. Possible Environmental Impacts
6.1 General
137. The operation and construction of any wastewater treatment plant and accompanying
wastewater collection system may result in potential negative impacts including air, soil and
water pollution associated with the following: (a) construction of CETPs; (b) treatment of
wastewaters; (c) management of waste sludge from the treatment plants; (d) operations; and (e)
decommissioning of CETPs. The following impacts are to be especially considered: odors,
noise, spreading of insects, and potential health hazards in the vicinity of discharge, exploitation
of the nearby water bodies, potential changes in flora and fauna due to the discharge of treated
wastewaters, decline in land value, and disposal of sludge from the treatment plant. In general,
the environmental impacts will be observed in 3 phases: i) site development phase; ii)
construction phase; and iii) operation phase. This chapter describes the possible environmental
impacts with general mitigation measures for CETPs.
6.2 Site Development Impacts 6.2.1 Loss of Natural Habitat and Biodiversity
138. The clearing of existing vegetation during construction and the development of the
facility may result in the complete loss of associated ecological habitats and their fauna, within
the footprint of the development. Noise, vibrations, and intrusive activities related to preparation
and construction works may tend to scare away any animals remaining on the site after
vegetation clearance. These are the environmental trade-offs for the anticipated improvement in
the water quality and surrounding ecosystem of the clusters.
Common Mitigation Measures 139. The purpose of the wastewater treatment project is to reduce the current amounts of
untreated sewage that enters into natural ecosystem, thereby allowing for recovery of the
inherent natural productivity of the water bodies and restoration of the economic benefits to be
derived from a healthy ecosystem. In addition, clearing and construction activity should be
restricted to within the footprint of the development. There should be no side-tipping of
excavated material or cleared vegetation unto areas outside the footprint.
6.2.2 Dust
140. It can be anticipated that a certain amount of air borne particulate matter (dust) will be
generated by earth moving activities during site development and construction. This situation
may be worse during the dry season. Air borne particulates may pose a hazard to residents in the
vicinity or downwind of the construction site that suffer from upper respiratory tract problems.
Otherwise it may only be a nuisance. The impact of dusting is short-term, lasting for the duration
of the construction activity, but it may be severe if it causes significant health problems.
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Common Mitigation Measures:
141. Access roads and exposed ground should be regularly wetted in a manner that effectively
keeps down the dust. Stockpiles of fine materials should be wetted or covered with tarp
especially during windy conditions. Workers on the site should be issued with dust masks during
dry and windy conditions.
6.2.3 Noise
142. The use of heavy equipment and labor activities during site clearance, land filling and
road construction works will inevitably generate noise. However, the proposed CETP sites are
sufficiently far away as to not be affected. The remoteness of the site should help to ameliorate
noises.
Common Mitigation Measures:
143. The communities that may be affected by noise should be consulted in advance to reduce
degree of annoyances. No noise creating equipment should be used during night time. Workers
operating equipment that generates noise should be equipped with noise protection gear.
Workers operating equipment generating noise levels greater than 80 dBA continuously for 8
hours or more should use earmuffs. Workers experiencing prolonged noise levels of 70 – 80 dBA
should wear earplugs.
6.3 Construction Impacts
6.3.1 Construction Material Sourcing
144. The construction materials such as sand and brick are normally obtained from the local
vendors. Sand is collected from quarry operations to nearby rivers. Bricks are produced using
clay and firing by coals. Conscious or unwitting purchase of these materials from unlicensed
operations indirectly supports, encourages and promotes environmental degradation at the illegal
quarry sites, creates air pollution from using energy inefficient technologies and causes medium
to long-term negative impacts at source.
Common Mitigation Measures:
145. Construction materials must be obtained from officially licensed and approved quarries
and brick fields. The copies of the relevant licenses made available for inspection at the site by
the Contractor.
6.3.2 Transportation of Materials
146. The various materials required construction will be obtained from sources elsewhere and
transported to the site. Transportation of these materials, typically in over-laden and sometimes
uncovered trucks, usually results in undue road wear-and-tear. Special note is made here of the
unpaved road surfaces in the area. In the case of fine earth materials, dusting and spillages occur
on major roadways between source and site. Dusting degrades local air quality and material
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spillages worsen driving conditions and increase the risk of road accidents. These occurrences
represent indirect, short-term, reversible, negative impacts on public health and safety.
Common Mitigation Measures:
147. All fine earth materials must be enclosed during transportation to the site to prevent
spillage and dusting. The cleanup of spilled earth and construction material on the main roads
should be the responsibility of the Contractor and should be done in a timely manner (say within
2 hours) so as not to inconvenience or endanger other road users. These requirements should be
included as clauses within the contracts made with relevant sub-contractors. The transportation
of lubricants and fuel to the construction site should only be done in the appropriate vehicles and
containers, i.e. fuel tankers and sealed drums. As far as possible, transport of construction
materials should be scheduled for off-peak traffic hours. This will reduce the risk of traffic
congestion and of road accidents on the access roads to the site. Appropriate traffic warning
signs, informing road users of a construction site entrance ahead and instructing them to reduce
speed, should be placed along the main road in the vicinity of the entrance and main Gazipur
town. Flagmen should be employed to control traffic and assist construction vehicles as they
attempt to enter and exit the project site.
6.3.3 Materials Storage
148. The improper sitting of stockpiles and storage of sand, gravel, cement, etc., at the
construction site could lead to fine materials being washed away, during heavy rainfall events,
into rivers and nearby agricultural lands. This would not only represent a waste of materials but
would also contribute to turbidity and sedimentation with consequent negative impacts.
Refueling and maintenance of large vehicles and earth moving equipment will take place at the
construction site and therefore fuel and lubricants will have to be stored on the site. This will
increase possibilities for accidental spills of hydrocarbons and contaminants could be washed
into the river and adjacent areas.
Common Mitigation Measures:
149. The stockpiling of construction materials should be properly managed and controlled.
Fine-grained materials (sand, marl, etc.) should be stockpiled away from surface drainage
channels and features. Covering of open piles stored materials should be considered to prevent
them from being washed away during rainfall. Safe storage areas should be identified and
retaining structures put in place prior to the arrival and placement of material. Hazardous
chemicals (e.g. fuels) should be properly stored in appropriate containers and these should be
safely locked away. Conspicuous warning signs (e.g. „No Smoking‟) should also be posted
around hazardous waste storage and handling facilities. 6.3.4 Construction Waste Disposal
150. Solid waste generated during site preparation and construction work would include
cutting of vegetation and typical construction waste (e.g. wasted concrete, steel, wooden
scaffolding and forms, bags, waste earth materials, etc.). This waste would negatively impact the
site and surrounding environment if not properly managed and disposed of at an approved
49
dumpsite. Cleared vegetation burnt onsite would generate smoke, possibly impacting negatively
on ambient air quality and human health. Vegetation and solid waste, if allowed to accumulate in
drainage ways, could cause localized pooling and flooding. Pooling of water, in turn, would
create conditions conducive to the breeding of nuisance and health-threatening pests such as
mosquitoes. Poor construction waste management constitutes a short-term negative impact.
Common Mitigation Measures:
151. A site waste management plan should be prepared by the contractor prior to
commencement of construction works. This should include designation of appropriate waste
storage areas, collection and removal schedule, identification of approved disposal site, and a
system for supervision and monitoring. Preparation and implementation of the plan must be
made the responsibility of the building contractor with the system being monitored
independently. Vegetation and combustible waste must not be burned on the site. Reusable
inorganic waste (e.g. excavated sand) should be stockpiled away from drainage features and used
for in filling where necessary. Unusable construction waste, such as damaged pipes, formwork
and other construction material, must be disposed of at an approved dumpsite.
6.3.5 Other Waste Management
152. Inadequate provision of toilets for workers can lead to ad hoc defecation in secluded
areas on the site, thus creating unsanitary conditions and sources of odor and fly infestation.
Improper disposal of food cartons and other domestic forms of construction camp garbage could
lead to littering of the site and pollution of adjacent areas.
Common Mitigation Measures:
153. Sanitary latrine facilities with adequate water facilities should be constructed for the
workers. Provisions should be made for waste bins/cans and erecting „no liter‟ signs.
Arrangements should be made for the regular collection of litter and for its disposal.
6.3.6 Drainage Congestion
154. CETP site development may lead to drainage congestion and water logging if the design
does not consider the changes of drainage pattern in whole area.
Common Mitigation Measures:
155. Appropriate design of drainage facilities need to be designed and implemented.
6.4 Operation Impacts
6.4.1 Sludge Leachete
154. During the drying process of the sludge on the drying beds, there is high possibility for
pollution of the groundwater due to infiltration of drying beds leachate. As the drying bed
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generally covers a large area, the possible negative impact is also assessed (affecting a wider
surface/groundwater aquifer area). There is high possibility for groundwater and soil pollution
with substances due to leakages and infiltration of the leachate from the sludge with hazardous
substances disposed on temporary storage at the WWTP site.
Common Mitigation Measures:
155. Proper treatment facilities for sludge should be recommended by analyzing alternatives
for sludge treatment and reduction of the quantities of sludge and to propose optimal solution
according to the local conditions. In addition, regular a ground water monitoring program should
be designed.
6.4.2 Odor
156. Whereas one of the main sources causing odor is scum, overloading will also result in
odor problems because the treatment capacity will have been exceeded. Wind action can also
cause odors. The size of the plant may also result in some degree of wave action.
Common Mitigation Measures:
157. Odor is best controlled by proper design and the nuisance risk is reduced by proper
alignment of the treatment plant. Proper sizing and alignment of the plant should be ensured.
Scum needs to be appropriately disposed of or properly stabilized. It is also important that the
effect of wave action be carefully considered in the design.
6.5 Summary of Typical Mitigation Measures
158. The summary of the typical mitigation measures in presented in Table -5a, 5b and 5c.
Table 5a: Mitigation measures for Site Development Impacts
Impacts Mitigation Measures
Loss of natural habitat and
biodiversity
Clearing and construction activities should be restricted within the
footprint of the development.
Compensatory measures for loss of habitat and biodiversity – create a
conservation area, plantation of same species etc.
Dust pollution4 Wetting of roads and exposed ground
Installation of windscreens to break-up the wind flow
Burning of refuse on days when meteorological conditions provide for
good mixing and dispersion
Noise pollution Heavy duty muffler systems on heavy equipment
Limit certain activities (fix timing in consultation with community)
4 Dust and noise pollution mitigation measures also applicable for construction and operation phase.
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Table 5b: Mitigation measures for Construction Impacts
Impacts Mitigation Measures
Construction material
sourcing- local environmental
degradation due to illegal
quarry sites, air pollution
from energy inefficient kilns
Must be obtained from officially licensed and approved quarries and
brick fields.
Transportation of Materials-
road wear & tear, traffic
congestion, risk of accidents,
air pollution
Enclose fine earth materials during transportation.
Necessary cleaning up of roads to avoid inconvenience to other users.
Transportation should be scheduled in off-peak hours in consultation
with local community
Flagman to control traffic and assist construction vehicles
Material Storage – washed
away during heavy rainfall
and discharge to water bodies
creating water pollution. Also
pollution from lubricants etc.
Proper planning and management of stockpiling of construction
materials
Identification safe storage areas and covering of fine materials should be
carried out.
Special plan and management for hazardous waste materials
Conspicuous warning sign (e.g. „No Smoking‟) should also be posted.
Localized pollution due to
poor waste management
A site waste management plan should be prepared by the contractor
before commencement of construction works. This should include
designated waste storage areas, collection and removal schedule,
identification of approved disposal sites, and system of supervision and
monitoring system.
Vegetation and combustible waste must not be burned at the sites.
Unusable construction waste must be disposed of at an approved
dumpsite.
Inadequate provision of
toilets for workers may lead
to unsanitary conditions and
be sources of odor and fly
infestation
Sanitary latrines with adequate water facilities should be constructed for
the workers
Provision should be made for waste bins
Improper design and
construction practice many
lead to drainage congestion
Appropriate design of drainage facilities needs to be designed and
implemented
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Table 5c: Mitigation measures for Construction Impacts
Impacts Mitigation Measures Pollution of groundwater due
to infiltration of drying beds
leachate
Proper treatment facilities for sludge by analyzing the alternative options
Odor problem due to
improper operation or
overloading
Proper design of system and appropriate measure for correct alignment
of treatment plan
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7. Possible Social Impacts
7.1 Resettlement due to Land Acquisition Issues
159. Involuntary resettlement may occur because project activities such as the construction of
common effluent treatment plants, can result in temporary or permanent loss of land, crops, and
other means of income generation.
7.2 Social Dimensions of project Beyond Safeguards
160. Success of the project is, among other factors, also a function of public pressure on
polluters to behave more responsibly. Educating citizens living in the areas affected by heavy
pollution loads is critical to continue to put pressure on polluters. The same rationale is valid in
educating local institutions and local government officials. Water pollution carries a heavy cost
in terms of public and individual health – costs that are externalized by polluters but internalized
by citizens (via their health) and public institutions (via the cost of maintaining public health and
paying for damages).
161. To that effect, the project may produce significant positive impacts by improving the
overall water quality in the selected areas, both in terms of access to water as well as in terms of
reduction of water borne diseases (especially skin-related).
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8. Environment and Social Management Framework
8.1 Objectives of ESMF
162. The purpose of the ESMF is to prepare a Framework for Environmental and Social
Assessment and Management describing brief details of potential Environmental and Social
issues typically associated with the planning, designing, implementation and post
implementation activities envisaged under the DEW project and provide guidelines on how to
carry out Initial Environmental Examinations (IEE), Environmental Impact Assessment (EIA)
and prepare Environmental Management (Mitigation and Monitoring) Plan to mitigate project
induced negative environmental impacts and enhance positive environmental and social impacts
due to the project interventions.
163. An ESMF is needed because of the programmatic design of DEW (see earlier section on
DEW design), which means that sub-project specific Environmental and Social impacts cannot
be precisely identified upfront prior to the selection of the sites and subsequent detailed site
investigations are carried out in order to frame proposals and prepare engineering designs for the
proposed activities at the selected sites. The ESMF shall provide the necessary background for
environmental and social consideration, a checklist of potential issues to be considered and
incorporated into the design of the project so that environmentally and socially sustainable
execution can be achieved.
164. The ESMF highlights the general polices, guidelines, codes of practice and procedure to
be taken into consideration for integration of environmental and social aspects into the project
design. Adhering to the principles and guidelines and using the potential environmental issues
layout in ESMF will help the implementing agencies (viz. PMUs) to ensure compliance with the
related Government Polices and associated rules regulations and also with the environmental and
social safeguard polices of World Bank. Therefore, the proposed ESMF shall be used as the
template and guideline in order to ensure successful environmental and social compliance of the
planning, designing, implementation and post execution activities envisaged under DEW project.
The ESMF is only applicable to Component 2 and 3 of DEW, as the other components do not
require infrastructure interventions. It may be noted that the subprojects (cleaner production)
under component 2 will be considered as individual category „B‟ project and subprojects (CETP)
under component 3 will be considered as individual category „A‟ project. The subprojects of
component 2 will require partial assessment (or IEE) and subprojects of component 3 will
require full environmental assessment.
165. The objective of the ESMF is to ensure that DEW activities shall address the following
issues:
Minimize potential negative impacts as a result of either individual sub-projects or
their cumulative effects;
Enhance positive environmental outcomes;
Provide a mechanism to consultation and disclosure of information;
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Ensure that environmental and related social issues are thoroughly evaluated and
necessary interventions are incorporated in the planning, designing, implementation
and post construction phase of project activities through sub-project specific
environment and social assessment;
Protect environmentally sensitive areas from additional disturbance from project
activities;
Protect human health; and
Ensure compliance and due diligence with World Bank environmental and social
safeguard policies as well as with related Government Polices, regulations, guidelines
and procedures as applicable to the industrial waste water treatment plant and
connected infrastructures of the project.
8.2 General principles of ESMF
166. The DEW project will have positive environmental benefits, as its objective is to abate
water pollution, and contribute towards improving water quality (especially in the textile
and RMG sector) through interventions such as environmental audits, cleaner production,
waste water pre-treatment and investment into CETPs. However, some of the physical
investments will have construction-related environmental and social issues that will
impact the neighborhood. These impacts are not expected to be significant and
irreversible. With appropriate management (mitigation and monitoring) measures, these
impacts can be mitigated as set about in this ESMF. General principles are as follows:
The respective Project Directors of the two executing agencies shall be responsible for
the environmental and social compliance in their respective components and the Project
Officer of PCMU will be responsible for monitoring and seeing oversight in order to
ensure overall project environmental and social compliance.
All the executing agencies and involved private sectors shall follow the related
Government rules (laws, ordinances, acts, etc) and the World Bank operational policies
and guidelines. This ESMF will serve as the basis for ensuring their compliance.
Implementing agencies shall ensure the participation of local community in planning and
execution of the sub-projects and document it.
Implementing agencies shall be responsible for ensuring clearance from the DOE, local
government agencies/ local committee as necessary.
No project activities shall be carried in any disputed lands or land restricted for
development.
The project will ensure that environmental considerations are given sufficient attention,
weight and influence over design decisions of CETPs. To this end, it will carry out Initial
Environmental Examination (IEE) and Environmental Impact Assessment (EIA) for all
CETPs and pipe collection networks supporting the CETPs.
The implementing agency will ensure that environmental and social screening/assessment
of subprojects addresses all potential environmental and social direct and indirect impacts
of the project (and any potential sub-project) throughout its life: pre-construction,
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construction and operation stages and mitigation measures have been taken to mitigate
negative consequences and enhance positive impacts.
The environmental assessment of the subprojects under Component 2 & 3 will require
Bank clearance before implementation.
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9. Environmental Assessment
9.1 Steps for Environmental Assessment
167. The Environmental Assessment (EA) process makes sure that environmental issues are
raised when a project or plan is first discussed and that all concerns are addressed as a project
gains momentum through to implementation. It is essential that an environmental assessment is
carried out to determine significant impacts early in the project cycle so that recommendations
can be built into the design and cost-benefit analysis without causing major delays or increased
design costs. Once implementation has commenced, the EA should lead to a mechanism
whereby adequate monitoring is undertaken to realize environmental management. An important
output from the EIA process should be the delineation of enabling mechanisms for such effective
management. An EA is a process comprising a series of steps. The key steps for environmental
assessment are:
Environmental Screening and Initial Environmental Examination (IEE)
Environmental Impact Assessment (EIA)
Environmental Management (Mitigation and Monitoring) Plan
9.2 Environmental Screening and IEE
168. The purpose of the environmental screening is to get relevant concerns addressed early
on before further design of a project and to ensure that actions to mitigate environmental impacts
or enhance environmental opportunities are budgeted for. The environmental screening is about
taking stock in time and to avoid losing later opportunities. The participation and consultation
with local communities are important indentifying the potential impacts of the project
interventions. Environmental screening is part of the Initial Environment Examination (IEE).
IEE is considered as the first level of assessment applied project identification and pre-feasibility
stage. The IEE addresses the issues at project (sub-project) identification and pre-feasibility
planning stage. The main objective at this stage is to help define the project (sub-project) in
terms of locations, components and designs. The main activities of are to:
assess regional resources and the effects of past interventions;
examine the likely project-environment interactions;
establish an effective people‟s participation program;
identify the key environmental issues and the range and potential severity of impacts;
compare the environmental consequences of project alternatives;
prepare an initial EMP5
5 Projects with potential impacts will require environmental impact assessment as per DOE act and rules. Small
projects or those with little impact will not require EIA.
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9.3 Environmental Impact Assessment
169. EIA will be used by the implementing agencies as a decision-making tool to ensure that
the project design and implementation of activities such as dredging are environmentally sound
and sustainable. During the preparation phase, the objective of the EIA is to provide inputs to the
feasibility study; preliminary and detailed design of the project including institutional capacity
needs and barriers to be addressed. During the implementation phase, environmental
management plans (developed as a part of the EIA during the preparation phase) serve as a
framework for strengthening the mitigation, enhancement and environmental monitoring
measures and system in the inland water transport sector. In the preparation phase, the EIA shall
achieve the following objectives:
To establish the environmental baseline in the study area, and to identify any significant
environmental issue;
To assess these impacts and provide for measures to address the adverse impacts by the
provision of the requisite avoidance, mitigation and compensation measures;
To integrate the environmental issues in the project planning and design;
To develop appropriate management plans for implementing, monitoring and reporting of
the environmental mitigation and enhancement measures suggested.
9.4 Environmental Management Plan
170. The Environment Management Plan (EMP) outlines the environmental management
procedures that will be implemented during the project period and also in the operation &
maintenance period to minimize the negative impacts and implementation of enhancement
measures. An Environmental Management Plan (EMP) should be drawn up as part of the EA at
both IEE and EIA stages, to deal with follow-up activities during subsequent stages of project
development: detailed design, construction, implementation, maintenance and decommissioning.
The level of detail in the EMP will vary according to the stage of project study and development:
For Initial Environmental Examination (IEE) - identification of broad management
requirements and constraints; and
For Environmental Impact Assessment (EIA) - identification of specific management
activities, staffing (including training needs) and schedules
171. The EMP should be developed with full people's participation, with the aim of achieving
consensus between the EA practitioners, project design and planning engineers, local
government agencies, NGOs and local communities. The main contents of an EMP are:
Mitigation and enhancement measures
Compensation arrangements
Environmental protection and monitoring activities
Peoples‟ participation
Disaster management (contingency planning)
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Organizational and institutional arrangements
Responsibility and reporting framework
Cost estimates for all environmental management activities – including mitigation and
enhancement measures
171. Once the impacts have been analyzed, their significance will be determined, i.e., whether
they are acceptable, require mitigation, or are unacceptable. Subsequently, measures will be
devised to mitigate anticipated environmental changes and consequential impacts during project
implementation and operation, or further reduce the residual environmental changes inherent in
the selected project design. They normally include technical, social, and institutional measures to
be implemented as integral elements of the project.
172. The Environmental Management Plan (EMP) sets about the mitigation measures, and
needs to not only include clear recommendations for action and the procedures for their
implementation but must also define a program and costs. Different environmental impacts
require mitigation measures and approaches. The same impact may require multiple mitigation
measures and also mitigation measures of one activity can help to mitigate other activity. In
designing the mitigation measures, the following factor should be taken into consideration:
The feasibility of mitigation measures should be evaluated in terms of practicality,
manageability and cost. Cost effective structural mitigation activities should be
incorporated in the design and should be estimated and both activities and associated
technical specifications will be incorporated in the bidding document.
173. Environmental management involves the implementation of environmental protection
and mitigation measures and monitoring for significant environmental impacts. Environmental
protection measures are taken to: (i) mitigate environmental impacts, (ii) provide in-kind
compensation for lost environmental resources, or (iii) enhance environmental resources.
174. The frequency and level of sophistication of sampling depends in part on the size of the
system and the nature of its treatment processes. Monitoring is expensive; it requires laboratory
facilities, equipment, and technicians. As a general principle, measure only parameters necessary
for managing the system, safeguarding its staff and equipment, and protecting the environment.
175. These measures are usually set out in a plan, which covers all phases of the project from
preconstruction through decommissioning, and outlines mitigation and other measures that will
be undertaken to ensure compliance with environmental regulations and reduce or eliminate
adverse impacts. The basic implementation arrangements should be presented – taking account
of the local conditions. Responsibilities for mitigation and monitoring shall be defined along
with arrangements for information flow, and for coordination between agencies responsible for
mitigation A plan should specifies who/which agency is responsible for undertaking the
mitigating and monitoring measures, e.g., for enforcement of remedial actions, monitoring,
training, and financing. A third party may be contracted in case the local authorities‟ capacity is
limited. Institutional strengthening activities may be proposed, including establishment of
appropriate organization arrangements; appointment of key staff and consultants; and
arrangements for counterpart funding.
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176. Environmental monitoring involves: (i) planning a survey and sampling program for
systematic collection of data/information relevant to environmental assessment and project
environmental management; (ii) conduct of the survey and sampling program; (iii) analysis of
samples and data/information collected, and interpretation of data and information; and (iv)
preparation of reports to support environmental management.
177. Environmental monitoring is normally carried out before and during planning to establish
baseline data needed for Environmental assessment and evaluating environmental impacts during
project implementation. It continues through project operation to detect changes in the key
environmental quality parameters, which can be attributed to the project.
178. The results of the monitoring program are used to evaluate the following: (i) extent and
severity of the environmental impacts against the predicted impacts; (ii) performance of the
environmental protection measures or compliance with pertinent rules and regulations; (iii)
trends in impacts; and (iv) overall effectiveness of the project environmental protection
measures.
179. Environmental monitoring should have clear objectives, and the survey and sampling
program custom-designed to focus on data/information actually required to meet the objectives.
In addition, the design of the monitoring program has to take into account its practicability
considering the technical, financial, and management capability of the institutions that will carry
out the program and period of monitoring that will be needed to achieve the objectives (see list
below). The monitoring program should include action or emergency plans so that appropriate
action can be taken in the event of adverse monitoring results or trends. It should also be
constantly reviewed to make sure that it is effective, and determine when it can be stopped.
9.5 Environmental Assessment in DEW Project
180. The environmental assessment of the subcomponents (cleaner production and CETPs)
will require analysis of different environmental parameters. These are:
Physical Environment
Soil – Erosion risks, Soil quality/contamination
Resources – Fuels/Electricity, Construction materials – stone, bricks, aggregates, Land
specially undeveloped and/or agricultural land
Water – Interpretation or alteration of river beds, alteration of aquifer, water
quality/contamination
Air and Noise – Air quality, noise pollution
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Biological Environment
Terrestrial Fauna – Effect on grass and flower, trees and shrubs, farmland, endangered
species, fragmentation of terrestrial habitats, disturbance of habitats by noise or vibration,
reduction of biodiversity
Aquatic biota – Habitat removal, contamination of habitats, reduction of aquatic biota
Social Environment
Economy – Creation of new economic activities, commercial value of properties,
generation of temporary and permanent jobs, effects on crops, reduction of farmland
productivity, savings for consumers and private entrepreneurs, savings in foreign
currency
Occupational Health – Accidents, temporary health effects, chronic health effects, acute
health effects
Cultural – Land use, recreation, aesthetics and human interest
181. The above parameters will need to be analyzed for different activities in pre-construction,
construction and Operation & Maintenance phase. The following are the key activities in the
different phases of CETP construction.
Pre-construction Phase
Land Acquirement
Site clearance/leveling
Disposal/Burning of wastes, refuse and cleared vegetation
Construction Phase
Civil Works- building, temporary structures
Heavy equipment operations
Laying of pipelines for wastewater collection and disposal of treated wastewaters
Operation & Maintenance Phase
Pipeline – Unauthorized disposal, leak, corrosion, break, maintenance/pump flow
status/power supply
Treatment – Adequacy of treatment units including holding tank capacity, better
operating practicing & management system, storm water network, temporary storage and
handling of sludge, laboratory operations, safety & health protection measures
Disposal – Reuse/recycle, surface water bodies, land application, ground water level,
sewer
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Component 2
182. In-factory interventions could provide small scale pollution prevention and abatement
measures targeting 200 factories across 3 industrial clusters where CETPS would be built. Under
component 2, the international consulting firm will carry out environmental auditing of these
factories. These factory audits will highlight areas for cleaner production options throughout the
factory‟s production line. Considerable savings (up to 40%) can be made in the quantity of
energy, water and chemicals needed – which simultaneously reduce operational and pollution
abatement costs. Technical support will then be provided through matching grants to industries
to make these low cost changes. The consulting firm will also screen/assess the environmental
impacts of the cleaner production initiatives and proposed the mitigation and monitoring
measures. The report prepared by the consultant in cooperation with the entrepreneurs/factory
management. Then, it will be the responsibility of the individual factory management to get their
own yearly Environmental Clearance Certificates from DOE to join in cleaner production
process.
Component 3
183. This consideration regarding the location of CETP is quite complex and has to take into
account a number of circumstances due to potential health hazards in the vicinity of the
discharge, exploitation of nearby water bodies, potential changes in flora and fauna due to
discharge of the treated waste water, decline in land value and disposal of sludge from the
treatment plant. The design of collection network depends on quite a number of factors viz
topography of the collection area, soil condition of area, location of CETP etc. and it may be
necessary to install a pumping station. This component also deals with the sludge that will be
produced in the CETP.
184. Since the CETP will be constructed and maintained by the Design, Build and Operation
(DBO) contractor, environmental assessment will be carried out in 2 stages. In parallel to the
„Transaction Consultant‟ for the detail design of the Public Private Partnership (PPP) model,
feasibility study and technical design, an International Firm will be hired to carry out detailed
environmental assessment of the selected CETP options in potential sites and prepare the
environmental management plan with costing. The DBO contractor will further carryout the
environmental assessment on the selected option.
9.6 Review of Environmental Assessment and Monitoring in DEW Project
185. The review of environmental assessments (EAs) is essential to assess the adequacy of the
EA for decision making on project proposals and to ensure that its conclusions and implications
are taken forward into the implementation stage. The review will be carried out at 2 stages: first,
at the implementing agency level i.e., Local Government Engineering Department (LGED) and
second at the Department of Environment (DOE), the regulatory body. LGED management unit
will hire the services of one National Environmental Specialist during the project period to
review the detail design, environmental assessment, and adequacy of environmental management
plan. In addition, an International Environmental Specialist will be recruited at LEGD to
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independently review the EA carried out by DBO contractor and ensure that the environmental
concerns are adequately addressed in the final design. The DOE, as the final environmental
review authority for issue of Site and Environmental Clearance Certificates will review to
confirm the screening categorization, to agree and approve the IEE and EIA (where applicable)
conclusions and – if these are satisfactory - to issue the project site and Environmental Clearance
Certificate. The management unit of the DOE will also supported by an Environmental
Specialist. All the environmental assessment documents will require the World Bank‟s clearance
before implementation.
186. The EA review should address, but not be limited to, four main themes in the EA and EA
authors/editors should check that these are all adequately addressed:
(a) Quality – whether the EA is acceptable in terms of:
adequacy and reliability of the baseline data – related to the project stage and the severity
of impacts expected and to the practicalities of data collection
degree of detail in the assessment – related to the project stage and the severity of impacts
expected and the constraints on assessment activities
adequacy of the people's participation exercise – related to the project stage and
practicalities of organizing participation
clarity of presentation
correct choice of temporal and spatial bounds, communities, and important environmental
components
use of appropriate environmental impact assessment methods
(b) Content – whether the EA satisfactorily address and adequately quantifies the relevant
environmental issues, taking into account constraints on the process:
linkages, interactions, magnitude of impacts, priority and causal sequences
risk assessment and disaster management;
assessment of alternative actions and their relative impacts against the 'do nothing'
alternative
comparison of benefits, adverse effects and trade-offs, including issues of equity, gender,
biodiversity and long-term sustainability;
assessment of impacts on different ecological components, different communities and
different parts of the study area;
(c) Environmental Management Plan – correct choice of components, which:
make adequate provision for enhancement, mitigation and compensation
include full people's participation;
fully identify all major cumulative and residual impacts after EMP implementation;
has sufficient budget and manpower to accomplish the stated environmental management
objectives.
(d) Conclusions
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clarity, conciseness and relevance of the summary, conclusions and recommendations
adequacy of proposed management measures and monitoring plan and their cost
estimates
the extent of inclusion of environmental recommendations into the plans for project
implementation
the environmental significance of residual impacts
187. The monitoring of the implementation of the EMP will be carried out in different levels.
The detailed program including parameters to be monitored will be designed and finalized during
the Phase 1 of project implementation. The followings stakeholders will be involved in
monitoring of cleaner production and CETPs.
Individual factory owners – Daily basis for cleaner production
DBO contractor –Daily basis for CETPs
LGED (including consultant) – Weekly basis for CETPs and monthly basis for Cleaner
production
DOE (including consultant) – Quarter basis for both CETPs and Cleaner Production
Local Communities – Monthly basis for CETPs
Industry Association – Monthly basis for both CETPs and Cleaner Production
World Bank/Third Party – Half yearly basis for both CETPs and Cleaner Production
188. The Learning and Monitoring Unit (LMU) to be established at the Ministry of
Environment and Forests (MOEF) will be responsible for coordinating the monitoring of EMP
implementation and will review the findings of different stakeholders. LMU will recommend
corrective measures to improve the operations of CETPS ad cleaner production.
189. The timeline of environmental assessment, review and monitoring is shown in Annex- H.
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10. Social Assessment and Resettlement Policy Framework
10.1 General
190. Some of sub-project activities may require procurement of privately owned land and the
displacement of land users, either with or without valid title. Although large scale acquisition of
land and other assets is unlikely, even limited expropriation may produce economic and social
disruption for the affected individuals and their families. Moreover economic impacts may arise
in the form of loss of business income, on either a temporary or permanent basis. An assessment
of these losses will be carried out for specific sub-projects and included in the RAPs and/or the
Social Assessment Report, and appropriate measures devised under the terms of the entitlement
framework to ensure that affected people are able to improve, or at least able to restore their
livelihoods and income levels to pre-project levels. Mitigation measures for different types of
losses and impacts would be guided by this RPF. RAPs will be prepared following the principles
and provisions inscribed in this RPF (which are in line with requirements of World Bank OP
4.12) and will be reviewed and cleared by the World Bank before the start of the civil works.
191. The selection of sites for the construction of CETPs has not been determined yet, as it
depends on a number of other variables that will become clearer during project implementation.
However, the Government of Bangladesh is looking at some key sites located within the (highly
polluting) Konabari-Kashimpur cluster of Gazipur district. Additional CETPs may late be built
(through additional financing) in Fatullah cluster of Narayanganj district and Enayet Nagar
cluster of Narayanganj district.
192. All of these are located in the two most polluted areas in Greater Dhaka. An inter-
ministerial committee has been established to identify land availability in these areas. It is
expected that the total footprint of a CETP will be between 5 and 10 acres of land.
193. It is agreed that this Environmental and Social Management Framework has been
prepared in order to incorporate potential environmental and social issues typically associated
with the planning, designing, implementation and post-implementation activities under DEW
project. We have already discussed the Environmental Management Aspects in the previous
section. This section of the framework serves as a complementary set of guidelines to assess the
social impacts and develop Social Management Plans to mitigate adverse environmental and
social aspects both in the design and implementation phases of the project.
10.2 National Policy and Regulatory Framework
Legal Context of Land Acquisition in Bangladesh
194. Currently the only legal framework that governs land acquisition in Bangladesh is the
Acquisition and Requisition of Immovable Property Ordinance, 1982. However, its
provisions are not adequate to address adverse impacts associated with land acquisition and
involuntary displacement and do not fully satisfy the requirements of the Bank's Operational
Policy (OP 4.12) on Involuntary Resettlement or that of the international practices. In essence,
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the law is largely indifferent to the landowners' present socio-economic conditions, or the long-
term adverse impacts on incomes and livelihood that the acquisition and displacement may cause
on the affected people. Also, there are no other policies that complement the acquisition
ordinance in ways to assess, mitigate and monitor adverse impacts that the affected people may
suffer. Some of the salient gaps in the existing legal framework are summarized below:
Avoiding/Minimizing Land Acquisition: The law only implicitly discourages
unnecessary acquisition, as lands acquired for one purpose cannot be used for a different
purpose, and lands that remain unused be returned to the original owners. However, there
are no mechanisms to monitor if these conditions are actually adhered to.
Eligibility for Compensation: The law stipulates compensation only for the persons who
appears in the land administration records as the owners. It does not recognize the rights
of those, such as squatters, who do not possess legal title to the lands they live in or make
a living from. There is thus no provision to mitigate the adverse impacts they suffer.
People who are impacted through loss of income are not recognized. The Land
Acquisition Act provides for compensation for lands and other fixed assets built and
grown on them (structures, trees and orchards, crops and any other developments like
ponds, built amenities, etc.). However there is no provision to assess the impacts on
peoples‟ incomes, livelihood, loss of employment and businesses for mitigation measures
to restore loss of incomes and livelihood.
Compensation Standards: Although the law stipulates payment of compensation at
'market prices' for acquired lands as the just compensation, the legal assessment
procedures used almost always results in prices that are far below the actual market
prices.
Relocation of Displaced Persons. There is no provision in the existing laws for relocation
of displaced families who are affected by the loss of their assets: land and/or structures.
Ensuring Payment/Receipt of Compensation. The legal process to determine entitlements
are too cumbersome and time consuming and do not ensure payment of compensation
prior to their displacement. Lands are legally acquired and handed over to the project
execution agency as soon as the authority identifies the owners (or 'awardees'), by
examining the records, and sends a legal notice advising them to claim the compensation
(or 'awards'). The onus is left on the affected land owners to prove, by producing an array
of documents, that the acquired lands legally belong to them. As gathering these
documents is a long, expensive and cumbersome process, many landowners may be
unable to claim their awards. The project has meanwhile started to use the lands.
Socio-economic Rehabilitation. Existing legal framework does not have any provisions to
mitigate long-term impacts on peoples‟ livelihood caused by their displacement. Except
for the compensation at the 'market price' for the loss of land, there are no other
provisions, in the acquisition or other laws that require the government to mitigate the
resultant adverse impacts caused by the acquisition. Socioeconomic rehabilitation of the
involuntarily displaced persons is totally absent in the legal regime of the country.
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10.3 World Bank’s OP 4.12 Requirements
195. The primary objective of the World Bank policy on „Involuntary Resettlement‟ is to
explore all alternatives to avoid or at least minimize involuntary resettlement. Where
resettlement is unavoidable, the resettlement activities should be conceived and executed as
sustainable development programs, providing sufficient resources to enable affected persons to
share in project benefits and assisted in their efforts to improve their livelihood and standard of
living, or at least to restore them to pre-project level. The policy also requires that affected
people are meaningfully consulted and should have opportunities to participate in planning and
implementing resettlement programs. The policy applies to the taking of land and other assets
when involuntary resettlement results in the loss of shelter, the loss of all or part of productive
assets, or access to them, and the loss of income sources or means of livelihood, with or without
physical displacement. Measures required to ensure that resettlement has a positive outcome
include:
Providing Project-affected persons with options;
Permitting their participation in planning and selecting these options;
Prompt compensation at full replacement cost for losses;
Choosing relocation sites that provide, at a minimum, the same benefits as the sites they
replace;
Providing allowances and other assistance to make a smooth transition after
displacement;
Identifying vulnerable groups and providing and special assistance to these groups; and,
Implementing an institutional structure that supports the process to a successful end.
196. Bank‟s policy on Involuntary Resettlement requires payment of compensation and other
assistance to project affected people before they are displaced from their existing locations.
Further the policy requires income rehabilitation assistance to those affected severely due to the
loss of their productive assets or loss of incomes and livelihood.
197. Absence of legal title does not exclude individuals from the eligibility to receive
compensation and/or other assistance. The displaced or affected population eligible for
compensation for losses include: those who have formal legal rights to land or other assets, and
those who initially do not have formal legal rights to land or other assets but have a claim to
legal rights based upon the laws of the country. The Policy also requires that those without legal
title should be given assistance to meet the objectives of the policy. The genesis of these rights
may come from continued possession of public land where the government has not sought their
eviction. Bank‟s policy also recognizes that stakeholders who illegally occupy project-affected
areas after established cut-off-date for any components are not eligible for compensation and
other assistance provided that adequate measures are taken for information dissemination to
people.
198. The gaps in the existing legal framework of Bangladesh and the objectives and
requirements of the World Bank and other multilateral agencies are well recognized. Therefore,
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institutional or project specific policies such as the RPF are prepared to address these gaps and to
meet the World Bank Social safeguards requirements.
10.4 Objectives of the Resettlement Policy Framework (RFP)
199. This Resettlement Policy Framework (RPF) seeks to address the inadequacy of the
existing legal provisions to meet the requirements of the project funded by the World Bank as
discussed in the previous section. This RPF will only be applicable to World Bank funded
projects .This policy is based on the philosophy that development projects must serve the needs
of society and ensure that project affected persons (PAPs) are not made worse off by
development projects. Thus, the project will not penalize any one person in order to benefit many
other persons. Resettlement Policy Framework is supported by the detailed Implementation
Guidelines6 that will be prepared by the design consultants. DOE will be responsible for full and
proper implementation of this policy framework.
200. In response to above philosophy, involuntary resettlement should be an important
consideration in project identification. Three important elements of involuntary resettlement are:
(i) compensation for loss of assets, loss of livelihood and income, (ii) assistance for relocation,
including provision of relocation sites with appropriate facilities and services, and (iii) assistance
for rehabilitation to achieve at least the same level of well being with the project as without it.
This can be ensured through the following basic objectives:
(i) Avoid involuntary resettlement where feasible and minimize resettlement where
population displacement is unavoidable,
(ii) Ensure that displaced people receive compensation, assistance and rehabilitation so
that they would be at least as well off as they would have been in the absence of the
project,
(iii) PAPs will benefit from the project, and
(iv) Project stakeholders, including PAPs are consulted and given the opportunity to
participate, as practicable, in the design, implementation, and operation of the project.
(v) Additional assistance should be provided to vulnerable groups.
Land Acquisition/ Resettlement
201. The land required for the CETP, primarily depends on the selection of the site and the
area will depend on the type of treatment. Similar situation arises for the sludge treatment
facilities. The target shall be to acquire khas land (Government land) so as to avoid the
acquisition of private land by the Deputy Commissioner of the district concerned. In case private
land is required for the construction of the CETP, the Ministry of Environment and Forests will
act as the requiring body for the acquisition of such lands. Once acquired, the plots will be
transferred to the appropriate LGI. Finally, LGED will be responsible for implementing, if
needed, resettlement procedures as part of the implementation of Component 3 (see para 219)
and forward for additional details).
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202. The land issue shall be based on the effluent load and its type, technology, extent of
treatment etc, size of land required to be acquired and requisitioned. However, in keeping with
the resettlement objectives, the project will use the following principles to avoid or minimize
land acquisition and displacement:
Alternative design will be considered to avoid or minimize land acquisition in general,
and particular attention will be given to use minimum amount of private land and as
much of public land as possible;
Alternative designs will be considered to avoid or minimize displacement from
homesteads
Wherever feasible, construction will be designed to use lands that are of lower value in
terms of uses and productivity;
Efforts will be made to avoid or minimize displacement from buildings/structures that
are used for permanent business/commercial uses
The lands that are khas or under the ownership of other public entities will be procured
through the inter-ministerial negotiation process‟
More options to avoid /minimize displacement will be explored during the social
screening and social impact assessment of the specific project locations where the
project components will be implemented. The impact due to land acquisition for
permanent use can only be determined after the selection of the site for CETP depending
on the land whether it is a khas land (state owned) or a private land. During construction
work of either CETP or collection net-work land may be required temporally and there
may be some disturbance to the neighborhood which is not considerable.
Potential Issues:
Traffic
203. During the construction stage there will be some disruption of the traffic movement and
as well as the local people may find some difficulty in their normal day to–day movement and
other activities.
Impact
204. The impact due to traffic congestion is rather a normal phenomena in case of any
industrial waste treatment project, particularly the collection network infrastructure, laying
through narrow roads /lanes/ by-lanes,
Waste Disposal (Construction Works)
205. It is obvious that during the construction period due to the excavation substantial quantity
of the soil (solid waste) will be produced also other solid wastes due to human (working
personnel) activities.
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Impact
206. The impact due to waste disposal may be considerable in a waste water treatment plant
during the construction period. The impact due to waste produced (soil) during laying of the
collection net-work will produce considerable impact in the neighborhood.
Change of River Regime and Environment
207. The effluent discharge from the CETP to the receiving body of the water (river/khal) may
cause potential health hazards in the vicinity of the discharge, exploitation of the receiving water,
potential change in the flora and fauna and also cause decline in the land value.
Impact
208. The discharge from a waste water treatment plant be it a industrial waste or municipal
waste may cause potential health hazards in the vicinity of the discharge, exploitation of the
receiving water, potential change in the flora and fauna of the water body and may cause decline
of the land value.
Water pollution due to sludge discharge
209. The sludge produced (depending on the type of treatment) and discharged either on a
water body/ land will cause health hazard and also may cause decline of the land value.
Discharge on land may cause contamination of the ground water aquifer, particularly the shallow
aquifer
Impact
210. The sludge produced in waste water treatment plant is highly toxic depending on the type
of treatment and type of waste (industrial/ municipal) and shall cause health hazards and may
cause decline of the land value if discharged on the land untreated.
Noise/ vibration
211. During the construction works heavy earth moving machineries and other related
machineries shall cause noise and vibration which will cause disturbance for the locality. Even
after completion of the project the operating machineries may cause disturbance in the
neighborhood particularly during the night time.
Impact
212. Noise and vibration due to construction machinery may exceed the standard prescribed
by EQSB of DoE and may cause undesirable environment for the neighborhood. Besides this,
noise of the hydraulic horn of the automobiles shall cause public annoyance.
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Air Pollution
213. Due to the operation of the heavy earth moving machineries and other related
machineries, the exhaust gases are likely to cause air pollution. Generation of dust during
construction also pollutes the air.
Impact
214. Dust and exhaust gases are the main source of air pollution in a construction site. The
neighborhood and pedestrians are the worst sufferers of such environmental pollution.
Definitions
215. For purposes of this framework, the following definitions will be applicable:
Project Affected Persons (PAP) includes any person or persons, households, a firm, or
private or public institution who, in the context of acquisition of assets and change in land
usage, as of the cut-off date, on account of the execution of the project, or any of its
subcomponents or part, would have their:
- Standard of living adversely affected;
- Right, title, or interest in any house, land (including residential, commercial,
agricultural and grazing land) or any other moveable or fixed assets acquired or
possessed, in full or in part, permanently or temporarily adversely affected; or
- Business, occupation, places of work or residence or habitat adversely affected, with
or without displacement.
PAP means persons or affected household and consists of all members of a household
residing under one roof and operating as a single economic unit, who are adversely
affected by a project or any of its components. For resettlement purposes, affected
persons will be considered as members of affected households.
‘Household (HH)‟: A household is a group of persons who commonly live together and
would take their meals from a common kitchen.
„Replacement Cost‟: means and include an amount needed to replace an asset at current
value including depreciation and overhead expenses of the transaction, including stamp
duty and registration charges, as follows:
- Agricultural land based on its productive potential;
- Residential land based on market value;
- Houses and other related structures based on current market prices of building
materials and labor, without depreciation and deductions for salvaged building
materials, plus transaction costs (such as administrative charges, registration and
titling costs), etc.;
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- Trees, crops and plants on current market value; and;
- Other productive assets like shops and commercial assets based on market value of
similar location attribute i.e. premium etc;
‘Cut-off date’: is the date prior to which the occupation or use of the project area makes
residents/users of the project area eligible to be categorized as affected persons. In many
projects, the cut-off date coincides with the commencement of the census of affected
persons within the project area boundaries. Persons not covered in the census will not be
eligible for compensation and other entitlements. For PAPs with legal titles the cut-off
date would be the date of issue of legal notice under the Land acquisition act. For those
without titles, the cut-off-date will be the date of commencement of census.
‘Land’: The term land refers to land acquired under the Land Acquisition Act or through
private transactions.
‘Squatters’: are persons who occupy / possess an asset without legal title.
‘Encroachers’: are those owners of land adjacent to public property, who have illegally
extended their land holdings or structures into the public land.
‘Vulnerable groups’: These are distinct groups of people who might suffer
disproportionately or face the risk of being marginalized from the effects of resettlement
and specifically include: (i) female headed households with dependents, (ii) disabled
household heads, (iii) households falling under the generally accepted indicator for
poverty, (iv) elderly households with no means of support and landlessness, and (v)
indigenous people or ethnic minorities.
- ‘Severely Affected households’: These are households that will be affected by any one
of the following : (i) Significant loss of income (> 50%), (ii) Loss of residential
premises, (iii) Loss of land holdings > 20% of pre-project status, (iv) Loss of accesses to
common property resources for those whose livelihoods depends on these.
Categories of Impacts
216. In order to provide a framework for the R&R process in projects where World Bank
financing is involved, a detailed Social Entitlement Framework is required. Following basic
categories of issues/impacts are foreseen under this entitlement framework:
Loss of land;
Loss of structure;
Loss of source of livelihood;
Loss of access to common resources and facilities;
Loss of standing crops, trees and perennial trees; and
Loss of public infrastructure.
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Impacts and Entitlement Framework
217. Entitlements for compensation and rehabilitation assistance to different categories of PAPs
are described in the following sub-sections and presented in the Entitlement Matrix in Table -6.
A. PAPs losing Agricultural Land
(a) When the portion of the land to be lost represents 20% or less of the total area of the land-
holding, cash compensation at full replacement value, will be provided to the PAP. Where
significantly large or entire land holding is affected by the project, the general mechanism for
compensation of lost agricultural land will be through provision of "land for land" arrangements of
equivalent productivity and at location acceptable to the PAP. In case suitable replacement land is
not available, at the PAPs request cash compensation at replacement cost will be provided. In
cases where only partial land is affected but the remaining land becomes economically unviable,
the PAP will be entitled to compensation for entire holding at full replacement value or land-for-
land option.
(b) The replacement agricultural land will be provided to the PAP free of any tax, transfer costs,
registration fee or charges.
(c) PAPs whose land is temporarily taken by the works under the Project will be compensated at
replacement cost for their net loss of income, damaged assets, crops and trees, as the case may be.
(d) Affected tenants and leaseholders on the agricultural land will be compensated for the market
value of the gross harvest for one year‟s production or the remaining period of the tenancy
agreement/lease, whichever is greater.
(e) Affected agriculture labor will be compensated for the loss of income and will be paid
compensation equivalent to the six months salary and assisted in getting alternative employment.
(f) Squatters and encroachers will not be entitled to compensation for affected land;
B. PAPs losing Residential or Commercial Land
(a) Where the portion of the land to be lost represents 20% or less of the total area of the land
holding, PAPs will be entitled to cash compensation at full replacement value for the affected
portion of the holding. Where significantly large or entire land-holding is affected by the project,
the general mechanism for compensation of lost residential land will be through provision of "land
for land" arrangements of equal size and at location acceptable to the PAP. In case, suitable land is
not available, cash compensation at replacement cost will be provided. However, where only
partial land is affected but the remaining land becomes either unviable or in area less than the
minimum required under the prevailing zoning laws, the PAP will be entitled to compensation for
entire holding at full replacement value, or land-for-land option. In case of loss of business
premises, PAPs be entitled to alternative business site of equal size and location with good
accessibility to customers and satisfactory to the PAP, or cash compensation at full replacement
value, if suitable replacement land is not available.
(b) The replacement land for resettlement will be provided in fixed plot sizes according to the
prevailing zoning laws and planning practices. However, if the lost land of PAP is in size larger
than the plot sizes for relocation, a cash compensation to cover the difference of the area will be
given to the PAP.
(c) The replacement land will be provided to the PAP free of any tax, transfer costs, registration fee
or charges at the time of transfer.
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(d) Squatters and encroachers will not be entitled to compensation for affected land;
(e) Affected tenants and leaseholders on the commercial/residential land will be compensated in
cash equivalent to the three months of rent or the remaining period of the tenancy/lease agreement,
whichever is greater.
(f) PAPs, whose land is temporarily taken by the works under the Project, will be compensated at
replacement cost for their net loss of income and damaged assets, as the case may be.
C. PAPs losing Houses/Structures
(a) The mechanism for compensating loss of residential and other structures will be cash
compensation reflecting full replacement cost of the structures, without depreciation.
(b) If the house or structure is only partially being affected by the Project, the PAP will be entitled
to cash compensation for the affected portion of the structure and a repair allowance (minimum of
20% of compensation) for restoration of the remaining structure for its continued use. However, if
the remaining structure is rendered unviable or in area less than the minimum house size under the
prevailing zoning laws, the PAP will be entitled to compensation for entire structure at full
replacement cost without depreciation.
(c) Tenants, who have leased a house / structures for residential or other purposes and affected by
the project, will be provided with a cash grant equivalent to three months rental allowance, and will
be assisted in identifying alternative rental accommodation.
(d) Affected households will also be entitled to a transfer/shifting allowance; and a transition
allowance for three months. Vulnerable squatters will also be provided with relocation assistance
through viable options and assistance packages to choose from
D. Loss of Business/Income or employment
Affected PAPs would be provided with opportunities for employment in reconstructed business
enterprise. Alternatively, income rehabilitation package would be provided to the PAPs for re-
employment, training in other trades and skills, agricultural inputs and extension services support,
or for starting a new business depending upon their needs and priorities. The type and level of
assistance required will be decided in consultation with the PAPs. Furthermore parties that will be
temporarily affected will not be eligible for cash compensation but will be consulted to have a
minimization of impacts.
E. Loss of standing crops and trees:
PAPs will be entitled to cash compensation equivalent to market value of crops and trees based
on the type, age and productive value of affected trees.
Compensation for all types of affected assets will be provided at replacement cost.
PAPs will be provided with compensation at full replacement cost, without depreciation for
any other fixed assets affected in part or in full by the project, such as water wells, electric
and water connections.
All PAPs severely affected by the project due to the loss of productive assets, incomes and
employment will be entitled to the income rehabilitation assistance including income
restoration programs, training to improve skills or other assistance for self-employment
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depending upon the needs and priority of the affected PAPs. These rehabilitation measures
would specifically focus severely affected (displaced) PAPs, vulnerable groups, itinerant
workers, small businesses and those who are either below the poverty line or those severely
affected by the project due to the loss of productive assets or are likely to fall below the
poverty line. Detailed baseline survey and socio-economic data and consultation with local
community will identify such vulnerable groups, and the scope and need for specific
rehabilitation measure will be assessed during the project implementation stage in
consultation with the PAPs. At least 30% of such rehabilitation assistance measures will be
reserved for women.
In cases where community infrastructure such as schools, factories, water resources, roads,
sewage system or electrical supply is damaged, project developers will ensure that these
would be restored or repaired as the case may be, at no cost to the community.
Furthermore alternative routes will be identified.
PAPs without any legal title or ownership right to the land they occupy will be compensated
for all their lost assets such as house/structure, fixed assets, shop/kiosk at full replacement
cost and provided assistance in finding suitable relocation site. The relocation site would,
as for as possible, contain the access to facilities and services better than or at least
equivalent to the one lost and provided with tenure security.
PAPs entitled for relocation will be provided transport allowance or full assistance for
transportation, and re-establishment of their house or business structures.
Transition allowances will be equivalent to the monthly incomes/wages of affected PAPs.
Except for the long-term income rehabilitation assistance, payment of compensation and
other allowances, and relocation assistance for a project component, phase or part
thereof, will be completed prior to award of civil works contracts.
In case of other unforeseen impacts not covered above, appropriate measures would be
determined keeping in mind the overall objective of this policy.
Social Implications of the Project Activities
218. Mitigating adverse impacts: Before taking possession of acquired lands and structures
and before the start of civil works construction, PAPs will be paid compensation and other
assistance in full. Where PAPs are entitled to relocation, the relocation site will be fully
developed before the PAPs are displaced. LGED will ensure that the standard of living of all
affected persons is restored to the level enjoyed before the commencement of the project, and, if
possible, improved.
219. Public involvement: The implementation of the project along with its various sub
components including the implementation of the RAP and EIA will be conducted in a
participatory fashion. All the relevant stakeholders such as the local businesses, local residents,
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NGOs etc will be involved in the decision making process. The project is also concentrating
resources on a third party water monitoring system that will attempt to raise citizens awareness
about the hazards of pollution and thereby having an induced affect on business to cut back on
pollution. The NRDC is working closely with the implementing agency to implement best
practices and practices that provide polluting factories incentives (via cleaner production, energy
efficiency etc) to reduce pollution. In general the project realizes the importance of participatory
approach and any issue that may arise will be extensively discussed with both the polluters and
affected population.
Procedures for land acquisition:
220. Required private land for the sub-projects will be acquired following the provisions of the
Acquisition and Requisition of Immovable Property Ordinance, 1982 and World Bank
Safeguard Policies.
221. Compensation at Replacement Cost: All acquisition of land would be under Land
Acquisition Act 1982, and following the provisions of this policy framework which provides
compensation for properties to be acquired and support to be extended for meeting replacement
value of the property. Under the Land Acquisition Act compensation is assessed, and paid, by
DC office to PAPs for each mouza where his/her assets are located. However, despite the 50%
premium, Compensation under Law (CUL) does not fully meet the replacement cost value
required by World Bank OP 4.12 policy. LGED will top-up these amounts to make up for the
balance so that the total amounts paid to PAPs are at replacement cost.
222. To estimate top-up amounts, LGED will engage an independent institution to carry out
market studies at the time of baseline surveys to determine market rates for different types of
assets. Estimated resettlement costs to be included in the Resettlement Plans would be based on
the market surveys. The amount of top-up due to a PAP will be calculated by comparing the
total amount of CUL paid by the DCs for all acquired lands and other assets with the total
replacement costs/market prices thereof. In case of unusual delays in implementation after the
market surveys are completed, there may be a need for revaluation of market rates at the time of
implementation and finalization of top-up amounts. Procedures to conduct market surveys for the
valuation of affected assets will be described in the Implementation Guidelines.
223. Entitlements to affected people without legal rights to land: Lack of ownership does
not imply ineligibility for compensation rights. The presence of squatters poses particular
challenge to LGED. The lack of legal tenure to land or assets will not be regarded as a criterion
for withholding financial compensation or assistance in relocation in the project. LGED will
strive to provide suitable alternatives to resettle displaced squatter communities. The affected
squatters will be carefully screened to ensure that resettlement and rehabilitation assistance is
provided only to vulnerable families and not to powerful encroachers and musclemen (mastaans)
are screened out.
224. Measures to avoid illegal occupation of cleared land. The preparation of a
Resettlement Action Plan will require that an early cut-off date, preferably at the time of the
baseline survey, is established. LGED will ensure that the information on cut-off date and
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eligibility are provided to the people with the clear understanding that anyone illegally
occupying the land after the cut-off date will not be entitled to any compensation and/or
assistance. LGED will also take appropriate measures to ensure that all lands that are cleared for
the project remains clear of squatters.
225. Relocation of displaced squatters: The displacement of squatters poses particular
challenges to LGED. LGED will explore all possible housing options to relocate severely
affected/displaced squatters to minimize long-term social and economic impacts of displacement
and to enable them to restore their livelihood and incomes levels within least possible time. In
order to minimize disruption of existing social ties and sources of incomes and employment,
particularly for vulnerable affected persons, the priority will be to relocate them as close as
possible to the existing locations with access to facilities and services better than, or at least
similar to, those lost. Affected households will be provided with viable options for relocation to
choose from that may include, among others: self-relocation; special package for transfer to the
place of origin; and relocation to a suitable resettlement site either on available WASA land or
other public land or at other locations within the city. Where attempts to find suitable relocation
sites are not successful or the locations of identified sites are not acceptable to the PAPs, other
options will be considered in consultation with the World Bank.
Table – 6: Entitlement Matrix
No Type of
Loss
Application Entitled
Person
Compensation
1. Arable land Less than 20 percent of
land holding7 lost, the
remaining land
economically viable
Title holder -Cash compensation for lost land at
replacement cost.
More than 20 percent of
land holding lost OR
where less than 20%
holding lost but the
remaining land becomes
economically unviable
Title holder -Land for land or compensation in
cash. Compensation by receiving a
new parcel of land of equivalent size
and crop productivity and free of taxes,
registration and transfer cost; at
location acceptable to PAP; and with
long-term security of tenure of better
or equivalent nature to that affected.
-Compensation for preparation of
replacement land
-Transition allowance for three months
-Transfer/shifting allowance
-PAPs will be entitled to income
rehabilitation assistance
7 Land holding refers to the land plot directly impacted by the project and does not include any other land holdings
that a PAP may own at other locations.
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No Type of
Loss
Application Entitled
Person
Compensation
Tenant/lease
holder
-Cash compensation equivalent to the
replacement value of gross harvest for
one year or for the remaining period of
tenancy agreement, whichever is
greater.
Agricultural
labor
-Cash compensation equivalent to 6
months salary and assistance in getting
alternative employment.
Squatters Any squatters/encroachers affected by
taking of agricultural land will not be
entitled to compensation for land.
Affected vulnerable squatters will
however, be provided with relocation
assistance.
2. Residential /
commercial
land
Less than 20% of land
holding lost and
remaining land viable for
present use
Title holder -Compensation in cash at market
value.
Any squatters/encroachers affected by
taking of residential land will not be
entitled to compensation for land. For
vulnerable squatters see entitlements
for affected structures.
More than 20% holding
affected OR where less
than 20% holding
affected but the
remaining area becomes
smaller than minimally
accepted under the zoning
laws and unviable for
continued use
Title holder -Land for land or cash compensation.
Replacement land of minimum plot of
acceptable size under the zoning laws
or a plot of equivalent size, whichever
is larger, in an area with adequate
physical and social infrastructure. In
the case of loss of commercial land the
replacement land of sufficient size for
business continuation in market are or
at location comparable to previous site.
-Replacement land to be free from
taxes, registration and transfer costs.
-Transition Allowance for three
months
-Transfer/shifting allowance.
Any squatters/encroachers affected by
taking of residential land will not be
entitled to compensation for land.
Vulnerable squatters will however, be
provided with relocation assistance.
Tenant/Leaseh
olders
-Cash compensation equivalent to the
three months of rent or for the
remaining period of tenancy/lease
agreement, whichever is greater.
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No Type of
Loss
Application Entitled
Person
Compensation
3. Structures Structures partially
affected but the
remaining structure
viable for continued use.
Owner
including
those without
title to land
-Compensation in cash for affected
portion of the structure and other fixed
assets at replacement cost, and
-Assistance in restoration of the
remaining structure (Repair
Allowance, minimum 20% of
compensation)
Entire structure affected
OR where structures
partially affected such
that the remaining
structure is unviable for
continued use.
Owner with
valid title to
land
-Compensation in cash for entire
affected structure and other fixed
assets (wells, electric and water
connections etc.) at replacement cost,
without depreciation.
-Transfer/shifting allowance.
-Transition allowance for three
months.
Tenant
-Cash compensation equivalent to 3
months‟ rental allowance
-Transfer/shifting allowance
-Assistance in alternate rental
accommodation.
Squatters All affected squatters will be entitled
to:
-Compensation in cash for affected
structure
-Transfer/Shifting allowance
-Transition allowance for three months
Additionally, vulnerable squatters will
be provided with relocation assistance
and offered viable options to choose
from.
4. Loss of
business /
incomes
or
employment
Temporary or permanent
loss of business/ incomes/
employment
Affected
individuals
-Employment in reconstructed
enterprise or package for re-
employment or starting a business
-Transition allowance for the
permanent loss of business, incomes &
wages equivalent to the loss of
income/wages for a period of 6 months
for each affected members of
households.
-In case of temporary loss of business
of incomes / businesses, compensation
will be wages equivalent to closure
period. Compensation rates will be
agreed with the business owners and
daily laborers and calculated on the
basis of local surveys.
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No Type of
Loss
Application Entitled
Person
Compensation
-Priority will be given to PAPs when
staff would be hired for the project
5. Standing
crops
Crops affected by land
acquisition
or temporary
acquisition/easement
Owner of
affected crops
-Compensation in cash at market
value.
6. Trees Trees lost Owner of
affected trees
-Compensation in cash calculated on
the basis of type, age and productive
value of affected trees.
7. Loss of
public
infrastructur
e
Infrastructure (electric
water supply, sewerage &
telephone lines; public
health center; public
water tanks)
Relevant
agencies.
-Compensation in cash at replacement
cost to respective agencies or
restoration of affected assets.
8. Unforeseen
Losses
As identified As identified Appropriate mitigation measures as
determined to meet the objectives of
this policy framework
10.5 Survey and Documentation
Preliminary Screening
226. During the identification and preliminary stages of any sub-project preparation, LGED
will undertake a preliminary Social / Land Acquisition Assessment to identify the types, degree
and scale of potential social impacts of the sub-project. To correctly identify the relevant social
issues and to assess the type and level of information required during subsequent field
investigations, particular attention will be paid to adverse impacts to the affected community,
such as loss of land and other fixed assets and the number of persons marginally or severely
affected and the types of vulnerable groups affected. The information collected during the
preliminary social / land acquisition assessment will provide the basis for determining severity of
impacts and the level and depth of subsequent field surveys, investigations and documentation.
In cases, where the preliminary assessment indicates that the potential impact of the proposed
project will be significant, appropriate preparation will be done for extensive field surveys and
consultation with key stakeholders.
Project Preparation
227. LGED will be responsible for carrying out all necessary surveys, field studies and
investigations, as identified during the screening. Prior to undertaking the survey LGED will
conduct a public information campaign to describe the project components, types of impacts,
content and schedule for the census and inventory or other background surveys to the key
stakeholders.
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228. At least three basic types of surveys will be needed: a census; an inventory of affected
assets and other losses; and a socio-economic baseline survey. The census and the inventory of
affected assets will cover all PAPs, regardless of entitlement or land ownership. Criteria for
vulnerability of PAPs should be paid particular attention in order to provide additional
assistance. Baseline survey should cover at least 30% of severely affected/displaced PAPs and
will include information on socioeconomic characteristics of potentially affected households.
The baseline data will be used for post-implementation evaluation to determine whether or not
affected peoples have been able to restore their livelihood. All data should be maintained on
computerized data management system to facilitate analysis. It is recommended that field surveys
and investigations for census, inventory of assets and baseline data are carried out in an
integrated manner to maximize use of available resources and to avoid repeated field visits.
229. Expropriation, is likely to produce economic loss and social and psychological disruption
for the affected individuals and their families, and may include the loss of business income, on
either a temporary or permanent basis. An analysis of these losses must be included in the RAP
and/or the Social Assessment Report and appropriate measures devised under the terms of the
entitlement framework to ensure that livelihoods are restored.
Resettlement Plan (RP)
230. Based on the census and inventory of data and field investigations, RP will be prepared in
sufficient details depending upon the degree and scale of impacts in a project. For the RP
preparation process to begin, the exact ground locations of the required lands and right of way of
the assets (CETPs) need be identified and demarcated. As such, the social safeguard and the
engineering consultants jointly with LGED will carry out detailed engineering surveys and
design the rehabilitation and improvement works and lay them on the mouza maps. Where
private land is to be acquired, these mauza maps will also provide the basis to prepare the land
acquisition proposals (LAPs) which are to be approved by the Ministry of Local Government
Rural Dev. & Co operatives (MOLGRD). The LAPs will be prepared for each scheme and will
include plot schedules, (with dag or plot numbers), the amount of land to be acquisitioned from
each plot, and the ownership status, such as private and public lands. Land acquisition Proposals
together with information on affected plot schedules and ownership status will be used as the
basis by the DC office to determine CUL. Where private land acquisition will not be necessary,
these mauza maps will help in identification of LGED and other land boundaries for design
purposes. Where surplus LGED or other public land parcels can be identified these can be
considered for relocation of displaced squatters.
231. The process to comply with World Bank policy includes identifying all categories of
PAPs and this usually takes place before the DC office gets involved. The DC‟s office
involvement, however, relates only to the identification of legal owners of land with
demonstrable title to their lands. As the 1982 Ordinance does not recognize any other category of
impacted people, all other PAPs will be identified and compensated according to World Bank
OP 4.12.
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Abbreviated (Summary) Resettlement Plan:
232. In cases where the impacts of the sub-project on the entire displaced population are
minor, or fewer than 200 persons (about 40-50 families) are affected without any large scale
displacement, or where the impacts are minor, although more than 200 persons may be affected,
an abbreviated RP should be prepared. It should provide a census survey of displaced persons
and valuation of assets, description of compensation and other resettlement assistance to be
provided, consultations with displaced people about acceptable alternatives, institutional
responsibility for implementation and procedures for grievance redress, arrangements for
monitoring and implementation, and a timetable and budget(Please refer to World Bank OP 4.12
Annex A para 22) .
Detailed RP:
233. In cases where the project affects and/or displaces more than 200 people (40-50 families), a
time-bound Resettlement Plan (RP) for the project will be prepared in accordance with the
provisions of this Framework. The threshold of 200 PAPs should apply to all sub-projects put
together for which one single standalone RP will be required. Resettlement plans should be built
around a development strategy, and compensation, resettlement, and rehabilitation packages
should be designed to improve or at least restore the social and economic base of those severely
affected. Preference should be given to resettling vulnerable people dislocated from their
existing settings by providing opportunities for sustainable income generation in similar settings.
Where a project is likely to adversely affect households belonging to poverty groups, the
resettlement plans should specify measures, additional to the compensation entitlements, aimed
to improve status of the poor to bring them up to an acceptable level above the poverty line.
234. The RP will include: (i) project description and brief description of impacts; (ii) specific
measures taken to minimize adverse impacts; (iii) socio-economic survey; (iv) detailed
description of impacts and category of PAPs; (v) entitlement for different types of losses; (vi)
specific measures provided to vulnerable groups and for income rehabilitation assistance; (vii)
public consultation and participation; (viii) estimated resettlement cost; (ix) monitoring and
evaluation procedures; (x) organizational responsibilities and implementation procedures
including valuation of lost assets; identification of alternative relocation sites; provisions for
shelter, infrastructure and social services; and procedures for landownership, acquisition and
transfer; and (xi) implementation schedule.
235. LGED will share the RAPs with the Bank for review and approval, before the sub-project
civil works begin. During implementation, LGED will ensure that all compensations/
entitlements due to the PAPs are paid in full, before the civil works begin on the acquired lands,
including the public lands repossessed from private uses.
10.5 Public Consultation and Participation
236. Preparation of appropriate documents and planning and implementation for the
acquisition of land and other assets will be carried out in consultation with the PAPs. The PAPs
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will receive prior information of the compensation, relocation and other assistance available to
them. LGED will be responsible to carry out continued consultation with and information
dissemination to the key stakeholders regarding:
The relevant details of the project;
The resettlement plan and various degrees of project impact;
Details of entitlements under the resettlement plan and what is required of PAPs in order
to claim their entitlements (a copy of the entitlement matrix should be provided to the
PAPs);
Compensation process and compensation rates;
Relocation and resettlement site development operation in order to obtain agreement and
support of affected people in participating in these operations; and
Implementation schedule with a timetable for the delivery of entitlements.
237. LGED shall also provide a detailed explanation of the grievance process and enlist the
help of community leaders and other influential community officials in encouraging the
participation of the PAPs in resettlement activities. Finally, LGED shall attempt to ensure that
all vulnerable groups and indigenous peoples/ethnic minorities understand the process and that
their needs are specifically taken into consideration. Public participation will be performed and
information will be made available during preparation and implementation of the resettlement
plan and at the minimum includes community meetings and focus-group discussions.
10.7 Grievance Redress Mechanism
238. Despite best efforts to arrive at fair rewards in project involving involuntary resettlement,
there shall always be a few unsatisfied citizens. The LGED will make efforts at project level to
resolve grievances through negotiations involving community leaders and PAP’s representatives.
239. Grievance Resolution Committee: In case dispute is not resolved at local level, the matter
will be placed before a Grievance Resolution Committee. Grievance Resolution Committee
(GRC) shall be constituted consisting of a panel of three Members, one of whom shall be its
LGED Project Coordinator, to be selected by LGED. Other members will include a
representative from the residents of the project area, who would be publicly known to be a
person of integrity, good judgment and commands respect. Other persons would be
representative from local NGO/CBO.
The Project Coordinator shall:
1. Convene meetings of the committee as necessary at such place or places in the project
area as he considers appropriate; and
2. Conduct the proceedings in an informal manner as he considers appropriate with the
object to bring an amicable settlement between the parties;
The report of the members shall be recorded in writing and attested copies thereof shall
be provided to the parties.
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In case of continuing differences and notwithstanding the provisions of Land Acquisition
Act, the GRC can take a decision regarding entitlement and compensation. The decision
taken during negotiations and GRC meetings shall be formally recorded for future
reference and presentation in the court, if necessary.
All expenses incurred in arranging grievance negotiations and meetings of GRC as well
as logistics required, shall be arranged by project-executing agency.
Right of Complaint: The aggrieved PAP, if not satisfied with the decision of Grievance
Resolution Committee, has the right to refer his / her petition to court of law.
10.8 Supervision and Monitoring
240. LGED will appoint adequate full time staff, supported by a social safeguards specialist
consultant, to monitor the process of resettlement. In order to assist with this monitoring,
LGED shall obtain and maintain appropriate baseline data prior to the resettlement impacts. The
monitoring staff will prepare periodic progress reports for submission to the Project Director.
The main objective of the monitoring reports is to determine whether the resettlement is effective
and to make the needed recommendations for change. The monitor should be present in the field
as well as at every meeting related to resettlement. The consultants preparing the RAPs will
establish appropriate monitoring indicators (process, output and outcome that will be used to
monitor the progress of resettlement implementation. Monitoring should include both internal
and external monitoring components.
241. After resettlement is completed, LGED will carry out post implementation evaluation to
evaluate the impact of resettlement on PAPs and to determine whether or not the PAPs have been
able to restore their incomes and living standards, by comparing with the baseline data collected
in the preparation stage. In case the PAPs are not able to achieve the stated objectives of this
policy LGED will provide additional support as necessary.
10.9 Arrangement for Land Acquisition
Land Acquisition Procedure
242. Upon receipt of the LAPs, the DCs will register the cases and organize a physical
verification of the information provided in the documents. The project authority can appoint an
officer to tackle land issue with the concerned district administration. The officer, with support
from the Directorate of Land and Revenue (DLR) will answer to any queries from the DC offices
and assist to resolve any issues and problems with the LAPs. The following steps are needed:
The DCs will issue the legal Notice-3 (under Section 3 of the law), which will contain the
plot numbers from which lands will be acquired. The notice will be displayed in public
places. As per this notice 15 days time is given to the landowners to lodge objections to
the proposed acquisition. Thirty days time is provided to them for hearing by DCs.
Upon resolution of the objections, if any, the DCs will then submit the LAPs/LA cases to
the District Land Acquisition Committee (DLAC) for review and approval.
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During the approval phase, an on-site inventory and verification will be carried out by the
acquisition officials and the project authority staff/ officer, in the presence of the
concerned PAPs, to classify and document the assets that will be acquired and
compensated for.
243. The compensation for the land, and other assets such as houses and other structures, trees,
standing crops, etc will be assessed by GoB departments, such as Public Works, Agriculture,
Forestry, etc by using departmental standards. The compensation so determined is the
compensation under law or CUL which may or may not be the replacement values/current
market prices of the acquired assets.
Upon receipt of approval and completion of the joint on-site inventory and verification,
the DCs will issue Notice-6 to the individual property owners stating that the inventoried
assets will be acquired and taken possession of and that all claims for compensation will
be made to the concerned DCs.
Once valuation of all assets is completed, the DCs will prepare the „compensation
assessment rolls‟ or compensation budget for the individual LAPs/LA cases and submit
them to the project authority requesting the funds within a maximum of 60 days. After
review the project authority will send money to the DCs
Upon receipt of money, the DCs will issue Notice-7 indicating the amount of
compensation and advice them to make compensation claims, with evidence that they are
the legal owners or have an interest in the lands. For evidence, Record of Rights (RoR) or
Porcha, Rent Receipt (RR) or Dakhila, are needed.
The claims for compensation are accepted if the owners‟ evidences are found
satisfactory. The CUL is then paid by checks drawn on the GoB treasury at the district
headquarters.
244. If replacement cost of land and other assets is greater than the CUL, the project will be
responsible to pay such compensation to affected parties. Similarly, categories of affected people
that are not covered by the 1982 Ordinance (for example squatters) will be compensated directly
by the project and not by the Deputy Commissioner‟s office. The Entitlement Matrix in this
ESMF illustrates how compensation will be paid to each category of affected people.
Census of Project Affected Persons/ Households
245. PAP census will begin as soon as the exact locations of the required lands are demarcated
on the ground. The census would provide an estimate of the would-be affected land owners and
squatters and establish the cut-off dates as to who and what assets would qualify for
compensation. It will also identify the landowners and squatters including those with usufruct
rights to any private and public lands by name and location and list of assets they have created on
the lands targeted for acquisition at each site. These data will be used to determine the loss
categories and, if needed, to adopt new measures to mitigate any impacts unique to any particular
site as well as to prepare the site specific resettlement budget.
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Consultation and Information Dissemination
246. As per the OP 4.12, Consultation and Communication are the cornerstones of RAP
building, and must be started from the time of project identification itself. The consultation and
participation process may include four phases: (i) data collection, (ii) preparation of planning and
operations, (iii) implementation of operations and (iv) monitoring and evaluation.
247. The data collection phase will include consultations with PAPs and other relevant
stakeholders. The data collected will serve as instruments for the monitoring of the social
mitigation measures applied. PAPs will be consulted to participate in the data collection phase by
providing socio-economic information about their livelihoods. Also PAPs will be consulted
through meetings and FGDs to discuss the social impacts of project operations and the mitigation
measures suggested. The contributions of the PAPs will be integrated into the implementation
process from planning to evaluation.
248. A communication and consultation strategy with detailed methodologies must be
prepared for the purpose of each site specific RAP. The proceedings of these consultation
sessions and communication activities must be recorded and duly reported.
Proposed Locations: 249. The CETPs will be constructed in Konabari-Kashimpur cluster of Gazipur distract, a sub-
area of one of the most polluted areas in Greater Dhaka. It is agreed that an Environmental and
Social Management Framework will be prepared in order to incorporate potential environmental
and social issues typically associated with the planning, designing, implementation and post-
implementation activities under DEW project. This would include, among others, issues related
to land acquisition and related relocation of people and resultant loss and /or disruption of
livelihoods of the affected people in the project areas. The Framework will therefore serve as
separate set of guidelines to assess the environment and social impacts and develop
Environmental Management Plans and Social Management Plans to mitigate adverse
environmental and social aspects both in the design and implementation phases of the project.
Socio-economic Baseline Survey: 250. In order to understand the existing socio-economic conditions of the affected area, a
social assessment shall be carried out at the outset to develop benchmark situation. This survey
will describe the income, expenditure, employment, occupation, education, living standards,
disease and health care situation, water supply and sanitation, fisheries and livestock, local power
structures, other social and cultural aspects. This survey will help assess social impact.
Census of Affected Persons: 251. For land acquisition and subsequently for resettlement purpose a census of project
affected persons shall be carried out. The census will include name and address of affected
persons, number of affected plots, size of affected land, number of households, loss of land, loss
of houses and other structures, loss of crops and trees, business and income losses, etc. This will
be carried out under the guidance of social and resettlement specialist.
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Grievance Redress:
252. A grievance redress procedure will be established to deal with various non-legal issues
that may arise during preparation and implementation of the resettlement activities. Such issues
more often involve PAPs or affected assets that have been missed by census/baseline surveys.
There may also arise minor disputes concerning co-ownership, co-inheritance, etc. of the
affected properties, which the Grievance Redress Committees (GRCs) will try to resolve
amicably by bringing together the contestants. The GRCs will however not provide legal advice
to the contestants. Decisions made by using this mechanism will be binding on the project
authority.
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11. Institutional Arrangement for Environmental and Social Management of DEW
11.1 Environmental Capacity Assessment and Staffing Needs
252. Department of Environment (DOE) is the government regulatory agency assigned for
ensuring environmental sustainability in industries and development projects. DOE‟s
responsibilities include review of the environmental assessment report, provide the
environmental clearance to the industry/project for a period of 1 year (only in case of green
industry, clearance is given for 3 years) and monitor compliance of environmental standards.
DOE operates through 6 divisional offices and one head office. Although the industrial
development has increased in manifolds in recent years, the institutional expansion and
development of DOE did not take place at the same pace. The project will provide technical
assistance to develop institutional capacity building of DOE in managing pollution control and
enforcing environmental compliance as per existing rules and regulations. DOE will also recruit
an Environmental Specialist (national) having experience on industrial processing and
wastewater treatment to monitor the activities under component 2 & 3.
253. Local Government Engineering Department (LGED) is one of the leading
government agencies who have incorporated environmental assessment to their project planning.
LGED has prepared the „Environmental Assessment Guidelines for LGED Projects‟ with the
support of the IDA funded Rural Transport Improvement Project (RTIP) in late 2008. The
guidelines, prepared in collaboration with RTIP, aimed to provide the framework EIA for
different sector projects undertaken by LGED for planning, implementation and subsequent
operation. The guidelines constitute simple procedures and formats to undertake IEE and EIA of
proposed projects and subprojects to identify potential negative impacts and draw up an EMP
where necessary. LGED has implemented several IDA funded projects and familiar with Bank
safeguard policies.
254. Since it is category „A‟ project and LGED has not previous experience on wastewater
treatment facilities, a full time national environmental specialist having sound professional
experience and academic background will be hired in the project management unit of LGED. An
international environmental specialist having sufficient experience in dealing the environmental
issues of the CETP in the developing countries (preferably in South Asia) will be hired for 12
months (distributed over design, construction and initial operation period of CETPs) at LGED.
255. Moreover, it should be noted that the CP consultant firm hired under component 2 by
LGED to deliver cleaner production audits and implement basic pre-treatment systems in
factories, will require an environmental specialist on their teams.
256. Similarly, the CETP operator under the DBO contract will be required to hire
environmental specialist as part of their core team.
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11.2 Social Safeguard- Capacity Building and Staffing Needs
257. The Involuntary Resettlement (OP/BP 4.12) Policy will be triggered by the proposed
project because project activities such as construction of water treatment plants can result in
temporary or permanent loss of land, crops, and other means of income generation. As the exact
location of project site(s) is not known at this stage, project implementer(s) will need to prepare a
Land Acquisition and Resettlement Policy Framework (RPF) laying out the key principles of the
World Bank‟s OP 4.12 and a strategy to fulfill the policy‟s requirement that is mutually agreed
upon. Specific Social Impact Assessments (SIA) and Resettlement Action Plans (RAP) if
needed, will have to be prepared during project implementation for each component where the
specific project site can be identified. Similar to environment, CP consulting firm and BDO
contractor will have separate Social/Resettlement specialist to conduct the assessment as per
ESMF.
258. LGED has also participated in capacity building and training activities organized during
the last 2 years by SASDI in Dhaka under the NLTA program on land acquisition and
resettlement. Under an existing NLTA program managed by SASDI, continuing training for
social safeguards will be provided by the SASDI team in the Dhaka office. Periodic training
sessions on specific aspects of social safeguards compliance (SIA methodologies, RAP
methodologies, consultation, grievance, etc.) will be offered to GOB officials and their
consultants in the respective PMUs and officials from DOE and LGED will be invited to attend.
259. In particular, officers in charge of compliance with social safeguards as well as
consultants recruited to fulfill those functions can take advantage of the Post –Graduate
Certificate Course on Management of Land Acquisition, Resettlement and Rehabilitation
(MLARR) being offered at BRAC University every year during the Summer Semester.
11.3 The Project Management
260. DOE and LGED will establish a Project Management Unit (PMU). Implementation of the
ESMF will be the responsibility of this PMU and its monitoring would be the responsibility of
the ESC of the project
261. Key responsibilities of PMU for ESMF will include the following:
To ensure implementation of ESMF
To expedite the Land Acquisition process and provide compensation to the Project
Affected Persons (PAPs) and implementation of Resettlement Action Plan (RAP)
To liaise with the ministries / planning commissions and other institutions / agencies /
ministries etc., if required.
To make timely and efficient disbursements to all the parties working on the project.
To prepare Implementation Completion Report (ICR) and Operational Plan (OP).
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262. In addition, MOEF will be responsible for the overall coordination of the project. A
Project Learning and Monitoring Unit (LMU) will be created at MOEF and headed by a Joint-
Secretary. The two Project Directors, along with the LMU, will be jointly responsible for the
timely monitoring and supervision of the project. All aspects of component 3 will be reviewed
by technical committee (comprising of technical staff from LGD, DOE, LGED, BUET,
BKMEA, and BGMEA) who will advise the project National Steering Committee. Because
external stakeholders are included (including those representing industry interests) less likely to
be co-opted. Similarly, all EAs etc will be reviewed by Bank safeguards team.
11.4 Community Participation
263. Community Participation is both an essential criteria and important strategy for an
integrated environmental and social analysis process, the project design and its implementation.
Views of the project affected people and NGOs should be fully taken into account during the
project preparation and continue to form as a basis for further design and implementation of the
sub-project throughout the implementation period of the all the components and sub components.
Where it will not be possible due to some practical reasons, the specific reasons should be
identified and communicated to the concerned stakeholders including the affected people. During
the project preparation stage extensive consultation should be arranged during the conduct of the
sample case studies. Such consultations will continue to be ensured during further design and
implementation stag of the project. These will be undertaken at a minimum, at selection of the
sub-projects, during environmental screening, and assessment, if undertaken, and while
formulating the EMPs. Consultation requirements as set out in Social Management chapter must
be followed. A comprehensive framework for the participatory consultation including an
effective feedback mechanism and information disclosure should be developed and incorporated
for implementation during the entire duration of the project. The community will also be
involved in the monthly monitoring of the CETPs.
264. Success of the project is, among other factors, also a function of public pressure on
polluters to behave more responsibly. Educating citizens living in the areas affected by heavy
pollution loads is critical to continue to put pressure on polluters. The same rationale is valid in
educating local institutions and local government officials. Water pollution carries a heavy cost
in terms of public and individual health – costs that are externalized by polluters but internalized
by citizens (via their health) and public institutions (via the cost of maintaining public health and
paying for damages).
265. The following activities will be put in place to inform affected citizens, raise their
awareness of the issues, and engage them in the monitoring of water quality in the areas adjacent
to the project sites:
Information and awareness raising campaign to educate citizens and local institutions
about the risks associated with heavy pollution loads discharged into the open, and direct
risks posed to the local population in terms of health, safety, and cost-sharing for cleaning
up. This can be done by intervening in local schools, as well as through a program of
sensitization in the localities affected by industrial water waste.
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Collaborative (and third-party) monitoring of water quality where national universities
work together with local NGOs or citizens groups to monitor the operation of effluent
treatment plants, as well as the quality of discharged water. Participating industries
should also be part of this tripartite monitoring to avoid possible conflicts and at the same
time to promote their behavior of those who take action to clean up.
Establishment of grievance procedure for parties affected by discharge of pollutants into
the open. There should be a clear mechanism for addressing concerns of affected citizens
and local institutions, so that grievances are addressed adequately and in a manner that
leads to resolution of issues. The grievance redressing procedure should indicated where
to lodge a complaint, the roles of all stakeholders in addressing the issues, the timing of
the process, and the mechanisms for appeals at various levels in the process.
Periodic dissemination of findings of water quality monitoring focusing on improvements
and targets reached by industries that have improved their overall discharge loads. This
will work as a “positive disincentive” for other less-compliant factories that would not
appear on the list of best performing companies. Reports should be made available
publicly and provided to buyers.
National level debates on issues of industrial water pollution, engaging the media with
op-ed pieces, visual reportages, and round-tables to bring out positive experiences
emerging for the DEW project and at the same time to continue raising awareness among
the public on the need for cleaner production processes in Dhaka and in Bangladesh.
11.5 Funds for Environmental and Social Assessment, Implementation and
Monitoring
265. The project will fund the environmental assessment, implementation of EMP, planning
and implementing a Resettlement Plan, related capacity building and staffs/consultants. The
project will also provide for all costs related to mitigating adverse social impacts based on
budgetary requirements established in the RAP. All of these costs are to be a part of the total
project cost. The project have specifically provided for (i) the Social Safeguards Specialist
consultant to support the DOE's staff, (ii) a consulting firm to be retained to support the
development and implementation of RAPs, (iii) a significant amount of funds for involuntary
resettlement compensation, and (iv) social safeguards training and capacity building for LGED.
Similar fund will also be provided for environment. Each RAP will detail cost estimates for
compensation and relocation (if applicable) of PAPs, particularly vulnerable squatters, with a
breakdown by category of PAPs and by type of asset affected, such as agricultural, residential,
and commercial land; affected house, structures and other fixed assets; and type of assistances,
such as transport/shifting allowance, transition allowance, etc. The costs estimate will make
adequate provisions for contingencies.
266. In case of overruns due to unforeseen circumstances or delays, LGED will allocate
additional funds as necessary. The project has also provisioned for unallocated funds which
could be utilized for this purpose.
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12. Consultations and Disclosure
12.1 Consultations and Disclosure
267. The limited ESA and ESMF has been prepared in consultation with the relevant
stakeholders i.e., different government agencies, local government bodies, industry association,
individual factory owners and management, ETP/CETP experts and operators, local
communities, quality assurance companies, NGOs and other development partners etc. This
document will be posted in the website of DOE and LGED and hard copies will be kept in the
local offices of LGED for further comments and inputs from non-governmental organization,
civil society and general public. A summary document in Bangla will also be posted in website
and be available in local offices. It will be disclosed in English by World Bank and it will also be
made available at the World Bank‟s Info Shop.
268. The environmental and social screening/assessment to be carried out during phase I will
also be available in the LGED and DOE websites. All these documents will require at least 2
times consultation with affected people, local community and other stakeholders.